General terms and conditions of sale

 


Terms and Conditions of Sale

 

These General Terms and Conditions of Sale are those of the company Jeune Couture SAS, registered with the Paris Trade and Companies Register under number 941 890 782 R.C.S., with an intra-community VAT number FR84941890782 and whose registered office is at 14 avenue marthe 91390 Morsang-sur-orge, France.

2. Scope and Acceptance of the General Terms and Conditions of Sale

The purchase of Products offered on the website www.jeunecouture.com (hereinafter the "Site") is subject to these general terms and conditions of sale of the Site (hereinafter the "GTC").

Jeune Couture may update these GTC at any time.

The Customer can at any time consult the current version of the GTC by clicking on our website.

The GTC in force at the time of the conclusion of the sales contract are those enforceable against the Customer.

In addition, for each purchase of Products on the Site, the Customer will be asked to confirm acceptance of these GTC in force on the date of placing their order. The said GTC are viewable at the moment they are asked to confirm their acceptance. To formalize this acceptance, the Customer must tick the box "I have read and accept the General Terms and Conditions of Sale of the site."

 

3. Order Procedures

Any order placed on the Site implies express acceptance of the GTC and acceptance of the prices and Products available for sale on the Site.

* Order Process

The Customer wishing to place an order must follow the following procedure:

1. Product Selection: the Customer must select the Product they wish to order.

2. Verification of the Customer's selection: the Customer verifies the content of their basket while retaining the possibility of removing the Products they have selected.

3. Identification: the Customer must create an account by filling in the identification form provided and indicating the requested information (mandatory information: title, surname, first name or company name, address, e-mail, password, telephone number for delivery).

4. Verification of the Customer's order: the customer verifies the content of their order, the total price, the delivery and billing addresses while retaining the possibility of deleting a Product or modifying the billing and delivery address. The Customer validates their delivery and payment method. The Customer must confirm their acceptance of these GTC by ticking the corresponding box. Validation of the order is only possible after ticking this box. After this step, the Customer can no longer modify and/or cancel their order.

5. Order acknowledgement: the Customer receives an e-mail summarizing the content of their order, namely:

– their delivery and billing addresses

– their order number

– the order date

– the list of ordered Products and their amounts

– the delivery method (address provided by the Customer or "relay point")

The Customer is advised to keep and print this document, which is official proof of their order. The order is then recorded and processed by Jeune Couture, which verifies the availability of the ordered Product(s). Any order placed implies acceptance of the prices and descriptions of the Products available for sale.

6. Confirmation of order shipment: the Customer receives an e-mail summarizing the content of their order and confirming shipment. The contract is deemed concluded on the date of sending this e-mail.

* Order Tracking

A carrier tracking number is communicated to the Customer when their order is validated.
If the Customer wishes to obtain information concerning the tracking of their order, they can connect to the website of the carrier chosen by Jeune Couture, e.g., Colissimo, and directly track the routing of their package. The Customer also receives information by e-mail concerning the different stages of the processing and preparation of their order until its shipment.

4. Product Availability

Jeune Couture's product and price offers are valid as long as they are visible on the Site, within the limits of available stock.

Errors or modifications may exceptionally occur, particularly in the case of simultaneous orders of the same Product by several Customers.

In the event of product unavailability after placing their order, Jeune Couture will inform the Customer by e-mail or telephone as soon as possible, offering either to order another Product presented on the Site as a replacement, or to cancel their order free of charge.

Jeune Couture incurs no liability in the event of stock shortage or unavailability of Products for orders not yet accepted by Jeune Couture.

Jeune Couture reserves the right to change the Products offered on the Site at any time and without notice.

While every effort is made to ensure that the color and pattern of the Products whose photos are displayed on the Site are faithful to the original Products, variations may occur, particularly due to technical limitations in color rendering on the Customer's computer equipment. Consequently, Jeune Couture cannot be held responsible for non-substantial errors or inaccuracies in the photographs or graphic representations of the Products appearing on the Site.

Jeune Couture reserves the right not to accept an order from a Customer with whom it is in dispute over a previous order, or if Jeune Couture reasonably believes that this Customer has violated these GTC or has engaged in fraudulent activity, or for any other legitimate reason.

5. Price

Product prices are indicated in Euros with the possibility of payment in US Dollars, British Pounds, Canadian Dollars, Australian Dollars, Yuan, Yen, Won, Russian Ruble (based on a daily conversion via the converter used for the Site), all taxes included and excluding any customs fees for orders outside the EU which remain the responsibility of the Customer. Except in cases of refunds made (i) within the framework of the exercise of the right of withdrawal or for (ii) non-conformity and hidden defects, KAMAD will not refund the VAT applied to purchases made on the Site (even if the buyer, after receipt, reships the Products to a country outside the European Union).

Jeune Couture reserves the right to modify the prices of the Products offered on the Site at any time and without notice.

Products are invoiced based on the prices displayed on the Site at the time the order is placed, subject to the availability of the ordered Products at that time.

All orders are payable in Euros and must be settled immediately at the time of placing the order.

In the event of unavailability of certain ordered Products (see article 4 "Product Availability"), only the price and shipping costs related to the available Products will be debited.

*Payment methods

By credit card (Visa, CB, Mastercard, American Express): Payment is made on the secure website of the partner banking institution.

By payment application: via Paypal, Apple Pay (mobile) and Android Pay (mobile).

This implies that no banking information concerning the Customer transits via the website www.jeunecouture.com.

Payment is therefore secured by the partners responsible for managing financial transactions.

The order will thus be registered and validated upon acceptance of payment by the banking service.

6. Retention of Title

Ordered Products remain the property of Jeune Couture until full payment of the price by Jeune Couture. However, the Customer assumes the risks (particularly of loss, theft or deterioration) concerning the delivered Products from the moment they are delivered to the address indicated during the order.

7. Delivery Methods

The amount of preparation and shipping costs depends on the country and the total amount of the order. Jeune Couture cannot be held responsible for any action and/or costs and/or taxes (which are the responsibility of the Customer) and/or delays due to customs services over which it has no control.

For all Products, the order is prepared for departure from the Jeune Couture workshop within a maximum of 20 working days from the email confirmation of the order. 

Exceeding the estimated delivery time indicated cannot lead to any cancellation of the order, any reduction in the price paid by the buyer, or any payment of damages, it being specified that in some particular cases the deadlines indicated above may be longer.  If the order reaches a certain volume, Jeune Couture may send them to the Customer in several deliveries and/or several packages.

The Customer must check the conformity of the delivered Products at the time of delivery and before signing the carrier's delivery note. They must indicate on this delivery note, in the form of handwritten reservations accompanied by their signature, any anomaly concerning the delivery (damaged Product...). This verification is considered to have been carried out once the Customer, or a person of their choice, has signed the delivery note. No claim regarding the condition of the delivered package(s) will then be admissible. In the event of reservations about the delivery, the Customer must also confirm them to the carrier no later than 3 working days following receipt of the item(s) and send a copy of this letter by email to contact@jeunecouture.com with confirmation by registered letter.

In the event of an incomplete address, incorrect address, refusal of the package by the recipient, or lack of information leading to an inability to deliver the Product to the recipient in a timely manner, Jeune Couture cannot be held responsible for the final quality of this delivery. If this lack of information leads to a second presentation to the recipient, Jeune Couture will be entitled to ask the Customer for the costs corresponding to this second delivery. The Customer is subject to the general delivery conditions of the carrier, which, in some cases, if not complied with, may affect the quality of the delivery.

Thus, in the absence of the recipient, depending on the carrier's general delivery conditions, the product may be presented again and/or deposited at an agreed relay point and/or in front of the Customer's home and/or in a carrier's "sorting - waiting" center and/or returned to Jeune Couture, which cannot be held responsible for any theft, loss, damage to the Products related to their delivery and, in general, to the final quality of the delivery.

In the event of impossibility of delivery and if the product is then returned to Jeune Couture by the carrier, Jeune Couture will not make a new delivery.

Any claim concerning the delivery of Products must be made within 14 working days following receipt of the item(s) under the same conditions as mentioned above. If it is decided that the product(s) must be returned to Jeune Couture, they must be returned in their original condition (packaging, accessories, etc.) and according to the following shipping conditions. The Customer must first contact customer service via email: contact@jeunecouture.com to obtain an explanation for the return. No package will be accepted without an order number. This number must be clearly written with a marker on the package. 

8. Right of withdrawal

In accordance with articles L. 121-16 et seq. of the Consumer Code, the Customer has a period of 14 days from the day of delivery of the product purchased on the Site to notify customer service of their intention to return the Product.

For any return, the Customer must contact customer service via email: contact@jeunecouture.com to inform them of their decision to exercise their right of withdrawal. Any package returned after the announced deadlines will be refused and sent back to the sender. No package returned with cash on delivery will be accepted, regardless of the reason. 

For customer service to accept the exchange and/or refund, the Product must be returned complete in its original packaging, undamaged, with its tag attached, and unworn.

 cannot be held responsible for cases of loss, theft, or damage to the package.

Packages for which the Customer's identification (name, first name, address, and return code) is not possible will be refused.

All returns must be made by a traceable method (UPS, FEDEX, DHL, Colissimo, Chronopost, etc.) and the tracking number must be communicated to KAMAD.

 in the event of regular exercise of this right by the Customer, will refund to the latter the sums paid by them corresponding to the acquisition of the returned Product(s) (thus excluding any customs fees and shipping costs which are the responsibility of the buyer), by bank transfer to the account used with the payment card addressed in the Customer's name.

undertakes to refund standard delivery costs including package tracking. 

9. Legal Guarantees

Products sold by Jeune Couture are subject to the conditions of legal guarantees provided for in articles L.217-4 to L.217-14 of the Consumer Code as well as by articles 1641 to 1648 of the Civil Code, to the exclusion of all other guarantees:

Jeune Couture will refuse any claim concerning Products that have been used inappropriately.

Any claim concerning the Products as such and not related to delivery must be made by email to contact@jeunecouture.com followed by written confirmation sent by registered letter with acknowledgment of receipt.

*Legal guarantee of conformity:

Jeune Couture will deliver to the Customer a Product conforming to the contract and free from defects of conformity at the time of delivery of said Product, in the sense that the Product will be fit for the use ordinarily expected of a similar good and will have the characteristics presented at the time of sale. 

*Legal guarantee against hidden defects:

Jeune Couture will provide the Customer with a Product free from hidden defects that would render it unfit for its intended use, or that diminish this use to such an extent that the Customer would not have acquired it, or would have paid a lesser price, had they known about them.

These guarantees will only apply on condition that the Customer makes the request within 8 days of delivery of the Product (for the legal guarantee of conformity) or discovery of the defect (for the legal guarantee against hidden defects).

In the event of recognized non-conformity on a Product sold by Jeune Couture, the Customer may choose between repair and replacement of the Product.

In the event of a recognized hidden defect on a Product sold by Jeune Couture, the Customer will have the choice to return the Product and have the price refunded.

In all cases, it will be up to the Customer to prove that they meet the conditions of the guarantee.

The return, replacement or refund of the Product will be free of charge for the Customer.

 

10. After-sales service and availability of spare parts

Any technically repairable Product benefits from a paid after-sales service. For any repair request, the Customer should contact customer service directly via email: contact@jeunecouture.com

In accordance with article L 111-3 al 1 of the Consumer Code, confirms that no period of availability of spare parts essential for the use of the Products is guaranteed. Jeune Couture will nevertheless make its best efforts to satisfy its Customers in the event of a request for one or more spare parts.

11. Limitation of Liability

In no event shall Jeune Couture's liability be engaged for any damage not resulting from a breach by Jeune Couture of one of its obligations.

12. Personal Data

When the Customer registers on the website www.jeunecouture.com,  collects their personal information (personal data, e-mail address, gender, etc.) through the registration form in order to offer them the services accessible in the reserved areas of Jeune Couture. The provision of personal information concerning them is essential for the processing and delivery of their orders.

The ordering process on the website www.jeunecouture.com requires the creation of a Customer account where their information is stored and protected by a password chosen by the Customer. This information is strictly confidential and is intended exclusively for Jeune couture. It will be processed in strict compliance with the provisions of the French Data Protection Act n°78-17 of January 6, 1978, and Regulation (EU) 2016/679, the General Data Protection Regulation.

In this regard, Jeune couture notably undertakes to (i) guarantee the confidentiality of personal data processed within the framework of these terms by implementing appropriate security measures in its field of activity, (ii) ensure that persons authorized to process personal data under these terms commit to respecting confidentiality or are subject to an appropriate legal confidentiality obligation and receive the necessary training in personal data protection, and and (iii) ensure that its potential subcontractors comply with legal obligations on behalf of and according to Jeune couture's instructions.

At any time, the Customer has the right to access, modify, rectify, and delete data concerning them. To exercise this right, they can make a request to Jeune couture by email at contact@jeunecouture.com. Subject to validation by a customer "opt-in," personal information (personal data, email address, gender, etc.) may also be used by Jeune couture and/or its partners for commercial purposes such as sending newsletters or solicitations.

The Site uses cookies to better meet and personalize Customer needs. The purpose of the cookie is to signal your visit to the Site.

 

13. Intellectual Property

All documents, information, texts, graphics, images, photographs, or any other content disseminated on the website www.jeunecouture.com are the exclusive property of Jeune couture. Consequently, they cannot be reproduced, exploited, or used in any capacity whatsoever, without the express authorization of the publication director.

Jeune couture holds all intellectual property rights (with the exception of authors' moral rights) relating to the Products and the brands and distinctive signs under which the Products are marketed.

The Customer unreservedly acknowledges Jeune couture's intellectual property as such and undertakes not to infringe it in any way whatsoever. More specifically, the Customer expressly undertakes not to manufacture, sell, license, or market in any way whatsoever, directly or through a third party, for their benefit or for the benefit of a third party, the Products, imitations or reproductions of the Products, or the intellectual property rights relating to the Products and the brands belonging to Jeune couture.

14. Force majeure

"Force majeure" means all external, irresistible, and unforeseeable circumstances, beyond the reasonable control of the party experiencing a force majeure event.

In the event that Jeune couture is prevented or delayed by an event of force majeure in the performance of its commitments, Jeune couture undertakes to inform the Customer within 96 hours, specifying the precise elements constituting the force majeure, the reasonably foreseeable duration of the delay or impediment.

15. Applicable law – Disputes

These General Terms and Conditions of Sale are governed by and interpreted in accordance with French law. The language of this contract is French.

In case of dispute, French courts will have sole jurisdiction. However, in application of EC Regulation 593/2008 of June 17, 2008, these GTC do not prevent the application of a more favorable provision to the Customer, which cannot be waived by agreement, by virtue of the law of the country where the Customer has their habitual residence.

In the event of a dispute related to the application and/or interpretation of these general terms and conditions of sale, the Customer has the possibility of recourse to a conventional mediation procedure or any other alternative dispute resolution procedure. In accordance with Ordinance n°2015-1033 of August 20, 2015, and implementing decree n°2015-1382 of October 30, 2015, any so-called consumer dispute or litigation, subject to article L.612-2 of the Consumer Code, may be subject to amicable settlement by mediation with the CMAP – Centre de Médiation et d’Arbitrage de Paris. To submit a dispute to the mediator, the Customer may (i) fill out the form on the CMAP website: www.cmap.fr, tab "you are: a consumer" (ii) send their request by simple or registered mail to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or (iii) send an email to consommation@cmap.fr. Regardless of the means used to contact the CMAP, the Customer's request must contain the following elements to be processed quickly: their postal, email, and telephone details, as well as the full name and address of Kamad, a brief statement of the facts, and proof of prior steps taken with Jeune couture.

Notwithstanding the foregoing, in case of dispute, and in accordance with Regulation n° 1215/2012 of December 12, 2012:

- the Customer may bring proceedings either before the court of their domicile or before the French courts,

– Jeune couture may bring proceedings before the court of the Customer's domicile.

 

CONTACT: Questions regarding the General Terms and Conditions of Sale and Use should be sent to contact@jeunecouture.com