Terms and conditions
BEST OF BOTH WORLDS
SARL with a capital of 5000 euros
Registered with the RCS of Melun under the number DE SIRET 844112516
Whose head office is located at 144 Rue Benjamin Delessert 77127 Lieusaint
Phone: 01.83.62.21.42
1. Designation of the seller
This site is accessible at the internet address www.shop.jain-music.com, It is published by Shopify
JAIN customer service can be contacted at the contact details given above.
2. General provisions relating to the General Conditions of Sale, hereinafter referred to as "the GCS".
2.1 Purpose of the T&Cs:
The T&Cs are applicable exclusively to the online sale of SARL BEST OF BOTH WORLDS products on its sole commercial site www.shop.jain-music.com . They are written in French and in case of doubt on the interpretation of a possible translation, only the original version in French will prevail.
They constitute, with the order form validated by the consumer, the contractual documents binding on the parties.
2.2 Scope of the T&Cs
The T&Cs exclusively govern contracts for the online sale of products from SARL BEST OF BOTH WORLDS (hereinafter, "the seller") to buyers who are consumers (hereinafter, "consumers"). They constitute with the order confirmation email the only contractual document. Under no circumstances can they prevent the exercise of the right of withdrawal from which the consumer benefits.
2.3 Availability and opposability of the T&Cs
The T&Cs are made available to consumers on the website www.shop.jain-music.com
The consumer acknowledges having accepted all of the T&Cs without any reservations by validating the payment.
The validation of the order by its confirmation is worth adhesion by the purchaser to the CGV in force on the day of the order. The preservation and reproduction of the GCS are ensured by the seller in accordance with article 1127-1 of the Civil Code.
2.4 Modification of the T&Cs
The seller reserves the right to modify the GCS at any time, for all or part of the clauses, without warning and without having to pay any compensation to the consumer.
In the event of modification of the T&Cs, the applicable T&Cs are those in force on the day of the order.
2.5 Severability clause of the GCS
The possible nullity of one of the clauses of the GTC does not entail the nullity of the GTC as a whole, only the clause being deemed unwritten losing its effect.
The temporary or permanent inapplicability of one or more provisions of the clauses of the GCS by the seller cannot be considered as a waiver on his part of the other clauses of the GCS, which continue to produce their effects, to his possible advantage.
3. Products
3.1 Characteristics
The consumer who so wishes can obtain additional information on a product, by making a request to the seller's customer service department.
The products offered for sale on the site are each the subject of a description mentioning their essential characteristics, in accordance with article L.111-1 of the Consumer Code.
The consumer who places an order in the possible absence of information on a product is deemed to accept it in the actual state in which it will be delivered to him.
Differences may exist, in particular but not exhaustively, as to the actual color of the product, its apparent material, the finishes (closures, buttons, seams, etc.). The consumer cannot take advantage of a slight modification to request a refund or exchange of a product.
Product information is provided subject to typographical error.
3.2 Compliance
The products comply with the requirements of French law in force relating to the safety and health of persons, the fairness of commercial transactions and the protection of consumers at the time of their placing on the market.
4. Price
4.1 Selling price
The selling prices are indicated for each of the products offered for sale on the www.shop.jain-music.com site , in euros, all taxes included, excluding delivery, transport and/or preparation costs. These possible additional costs are mentioned before the validation of the order, and are invoiced in addition.
The total amount owed by the consumer under his order is indicated on the order confirmation page.
4.2 Amendment
The seller reserves the right to modify its prices at any time, without warning, upwards or downwards.
In the event of a change in the price of a product after placing an order by the consumer, the selling price of the product is that in force on the day the order is placed by the consumer.
5. Offer
Online sales offers are offered to all consumers located in mainland France and Corsica.
Online sales offers are valid within the limits of available stocks (unless specific duration is indicated).
Acceptance of the offer by the consumer is carried out in accordance with the double-click process: the consumer clicks once to validate his basket, he is then invited to click a second time to validate the order summary presented to him. This second click then allows him to access the secure payment page.
6. Order
6.1 Stages of conclusion of the online sales contract:
To place an order, the consumer must fill his virtual basket which collects the items he wishes to order. To do this, he selects the desired product, indicates its size and color if applicable, the desired quantity, and then he clicks on “add to basket”.
The customer is then redirected to a summary page of his choices which allows him to check his order, and possibly to correct or modify it.
Once his choice has been confirmed, he must click on the "validate the order" button. This second click implies full and unreserved acceptance of the T&Cs and forms the contract.
An order registration confirmation email is then sent to the consumer as soon as possible.
It is the consumer's responsibility to provide true and accurate information when placing an order.
This information must be such as to allow the seller and the carrier to perform their obligations under the best conditions.
This includes, but is not limited to, the consumer's contact email address, full delivery address, surname, first name and telephone number.
The seller is relieved of all liability in the event of an entry error or partial or incomplete entry on the part of the consumer, not taking into account the guarantees against hidden defects or the commercial guarantee from which the consumer legally benefits.
6.2 Change of order
Any modification of the order by the consumer after its confirmation is subject to the acceptance of the seller and the availability of the products requested.
The modification request can only be taken into account before the preparation of the order. The preparation time is generally 24 (twenty-four) hours, but it may be less and no guarantee can be given to the customer on this time.
The seller is not required to take into account a late modification request (received after preparation of the order).
6.3 Order validation
The seller reserves the right to refuse any order for legitimate reasons.
The seller reserves the right to refuse any order from a consumer with whom there is a dispute (in progress, not coated with a definitive solution).
In case of refusal, the consumer is fully reimbursed within a reasonable time, and in any case less than 30 (thirty) days.
6.4 Unavailability of ordered products
In case of unavailability of one or more products on an order, the seller informs the consumer within a reasonable time and offers him a product of equivalent quality and price. If the consumer wishes, he can be reimbursed or benefit from a credit that can be used on the site.
7. Contract
7.1 Conclusion
The sales contract is formed when the consumer double clicks to validate his order.
7.2 Resolution
The contract can be terminated by the seller in the following cases:
– Refusal of the consumer to take delivery of the products ordered,
– Resolution Return to sender of the package due to the imprecision of the information provided,
– Non-payment of the price (without prejudice to any legal proceedings against the consumer).
In all the cases mentioned, other than the legal right of withdrawal, the amount of any installments paid remains with the seller as compensation.
8. Withdrawal
From receipt of the products, the consumer has a legal withdrawal period of 14 (fourteen) days without having to justify himself or pay a penalty.
Any return costs are the responsibility of the consumer.
To exercise this right, the consumer must complete and send the withdrawal form at the end of these GCS to the consumer service.
Following this request, the consumer is assigned a return number.
The consumer returns the products without undue delay, if he wishes accompanied by the return number in order to facilitate the processing of his request, to the seller:
BEST OF BOTH WORLDS
144 BENJAMIN-DELESSERT STREET
77127 LIEUSAINT
The consumer is reimbursed within 14 (fourteen) days of the date of receipt of the products, provided that the products have arrived at the seller in their original packaging, complete, in perfect condition, with their label, unworn. , unwashed, accompanied by the original invoice and return slip. A return that shows that one of these criteria is not met will not be accepted and the product will be returned to the consumer.
The risks related to the return of a product weigh on the consumer. It is his responsibility to take all necessary measures to secure his return (packaging, protection). In the event of a shipment delivered without signature and not received by the seller, it is the consumer's responsibility to provide proof of receipt of the product.
Without this proof, no refund can be made. There will be no refund if the returned product has not arrived at the seller.
This is why we strongly recommend to all consumers who want to make a return to request a delivery by registered mail with a declaration of the value of the product and an insurance, and a delivery against signature.
The proof of delivery is then constituted by the affixing of the stamp of the JAIN company on the voucher or by the signature of the return manager.
8.1 Mediation
In accordance with article L. 612-1 of the Consumer Code, within one year of his written complaint, the consumer, subject to article L.152-2 of the consumer code, has the right to submit a request for amicable resolution by way of mediation, with
SAS Mediation Solution
222 path of the sheepfold 01800 Saint Jean de Niost
website: https://www.sasmediationsolution-conso.fr ,
email: contact@sasmediationsolution-conso.fr
9. Payment
The price is payable in full after confirmation of the order.
Payment is made on an independent secure platform.
The consumer's banking information is not accessible to the seller. They do not pass through any of its servers. Only trusted third parties responsible for encryption process this information digitally to ensure perfect security of the transaction and optimal protection of bank data.
The provisions of article 1359 of the Civil Code are inapplicable to sales concluded at a distance.
JAIN accepts cards from the CB network, Visa, and Eurocard/Mastercard issued on bank accounts domiciled in the European Union. The consumer's bank card will be debited when the order is confirmed. To this end, he guarantees that he is the holder of the bank card to be debited and that the name appearing on it is indeed his. The consumer must communicate the sixteen-digit number and the expiry date, appearing on the front of his bank card, as well as, where applicable, the numbers of the visual cryptogram appearing on the back.
10. Delivery
The seller undertakes to deliver the products to his carrier within 7 (seven) working days after receipt of full payment for the order. This period is extended to 10 (ten) working days for the following periods: winter and summer sales, "flash" sales and private sales, end-of-year celebrations (from December 1 to January 10) .
Delays in delivery cannot give rise to either the payment or the claim for compensation from the seller in the event that such a delay is either attributable to the consumer, or to the insurmountable and unforeseeable fact of a third party to the contract, or to a case of force majeure.
The products are delivered to the address indicated by the consumer on the order form.
The consumer who accepts a product without making any reservations to the carrier accepts it as it is. He is then deprived of any possibility of formulating a complaint as to the delivery.
In the event of deterioration or partial loss of the product, the consumer must imperatively formulate reservations on receipt on the delivery note, a duplicate of which is sent to the professional seller and, within 3 (three) days of receipt, notify these reservations. to the carrier by registered letter with acknowledgment of receipt.
If the product does not conform to the order, the consumer must send a complaint to customer service in order to obtain the replacement of the product or possibly the resolution of the sale.
11. Warranties
All products supplied by the seller benefit from the legal guarantee of conformity provided for in articles L. 217-1 to L. 217-14 of the Consumer Code and the legal guarantee against hidden defects provided for in articles 1641 to 1649 of the Civil Code .
Under these guarantees, the seller undertakes, at the choice of the consumer, to reimburse him or to exchange defective products or products which do not correspond to his order.
Any request made under these guarantees must be sent by registered letter with acknowledgment of receipt to the following address:
BEST OF BOTH WORLDS
144 BENJAMIN-DELESSERT STREET
77127 LIEUSAINT
Products covered by warranties must be returned new, complete and in their original condition and packaging after receipt and confirmation of the claim by JAIN Customer Service .
The consumer will be reimbursed for the return postage no later than thirty days following receipt of the product by the seller.
12. Liability
12.1 Transfer of ownership and transfer of risk
The transfer of ownership of JAIN products to the benefit of the consumer will only occur after full payment of their price by the consumer.
On the other hand, the transfer of risks to the consumer will only occur upon delivery, that is to say at the time of delivery of the JAIN products to the delivery address indicated by the consumer.
12.2 Disclaimer
The responsibility of the seller cannot be engaged in the event of non-performance or poor performance of the contract due either to the fact of the buyer, or to the insurmountable and unforeseeable fact of a third party to the contract, or to force majeure.
The proof of his obligation is realized by the production of the statement of deposit of the parcels to the carrier.
12.3 Defective Product
In the event of damage caused by a defective product, the consumer must seek the responsibility of the identifiable manufacturer from the information mentioned on the packaging of the product.
13. Termination clause
The resolution of the order in the cases provided for in these GCS will be pronounced by registered letter with acknowledgment of receipt and will be automatically acquired without legal formality.
14. Intellectual Property
The elements reproduced on this site, which are the exclusive property of the publisher, are protected by copyright, trademark law and patent law. All the texts and images presented on the seller's online sales site are reserved, for the whole world, under copyright and intellectual property rights; their reproduction, even partial, is strictly prohibited. This includes these general conditions of sale.
Any reproduction and any distribution of these elements, without the prior written authorization of the publisher, expose the offenders to legal proceedings for infringement.
15. Settlement of disputes
All complaints should be sent to the following address:
BEST OF BOTH WORLDS
144 BENJAMIN-DELESSERT STREET
77127 LIEUSAINT
In the event that a dispute arises between the seller and the consumer, the latter may initiate a conciliation procedure directly with the seller in order to settle the dispute, without the intervention of a third natural or legal person.
16. Territorial jurisdiction
For any dispute relating to an order placed on the online sales site www.shop.jain-music.com for any dispute relating to these GCS, the competent court will be that of the seller's domicile.
17. Applicable law
The parties agree to use mediation to try to find an amicable solution to their dispute and to go to court only if mediation fails.
These T&Cs are subject to French law.