E-shop Collector: GENERAL TERMS AND CONDITIONS OF SALE
Purchases on the collector e-shop of the Julbo website www.julbo-eyewear.com imply unreserved acceptance of the following provisions:
Article 1 - Publisher
Julbo is a société par actions simplifiées [limited liability company] with its registered office at BP rue Lacuzon 39400 Longchaumois - France, SIRET [business registration number] 645 950 197 00022, APE [trade sector code] 334 A
Director of publications: Benjamin Thaller. Customer service number: +33 (0)3 84 34 14 14.
Julbo is the publisher and operator of the Julbo website www.julbo-eyewear.com and is launching an on-line store for the sale of collector products. This business is operated strictly in accordance with professional regulations applying to opticians/eyewear manufacturers. For this reason, Julbo has a sales team. This team can be contacted by telephone (03 84 34 14 14) from Monday to Friday, 9am to 6pm.
Article 2 - General information
The Julbo general terms and conditions of sale define the rights and obligations of the parties, hereinafter known as "the customer" of the one part and Julbo, hereinafter known as "the website" of the other part, within the context of the sale of products by Julbo to online customers: www.julbo-eyewear.com
The customer hereby declares that he/she is aware of these general terms and conditions of sale and has accepted the related rights and obligations. Any order made on the Julbo website is governed by these terms and conditions.
These general terms and conditions of sale shall apply, unconditionally and unreservedly, to all sales made by Julbo to non-professional customers wishing to purchase the products offered for sale. These terms and conditions only apply to natural persons who are not traders.
Any orders for products offered on the website suppose the express and unreserved consultation and acceptance of these general terms and conditions of sale. Such acceptance shall not, however, require any handwritten signature on the part of the customer.
Julbo and the customers agree that their relations shall be governed exclusively by this contract.
Article 3 - Terminology
All the products offered by Julbo on the electronic sales page on its website shall be known, hereinafter, as "the products".
Any products selected by visitors to the site that may result in the creation of an order shall be known, hereinafter, as the "basket".
Each product purchase or reservation made by a customer on the website in accordance with the terms provided for by these general terms and conditions of sale shall be known, hereinafter, as "the order".
Each person, of legal age and capacity, who has registered with the website and created a user-ID, shall be known, hereinafter, as a "user".
Any user wishing to benefit from Julbo products and satisfying these general term and conditions shall be known hereinafter as a "customer". Customer status is acquired once the order has been validated.
Article 4 - Placing orders
Customers are able to place orders on the Julbo website www.julbo-eyewear.com via the Collector E-shop page.
For on-line orders:
4.1. The customer warrants that he/she is fully authorised to use the bank card or the PayPal account submitted in order to pay for his/her order and that this bank card or PayPal account allows access to sufficient funds to cover all the costs arising from use of the Julbo products.
4.2. The customer receives a free quote in the form of an order summary which shows the customer the price of all the products ordered. On the www.julbo-eyewear.com website, the customer can consult the contents of his/her basket, including delivery costs. This page can be printed using the browser menu. The customer accepts this quote in accordance with legal requirements, by clicking on the "Confirm my order and pay" button. The order only becomes final upon payment of the corresponding price.
Such confirmation constitutes an electronic signature which has the same value, between Julbo and its customers, as a handwritten signature and is proof of the order as a whole and the amounts owing upon fulfilment of the order, as well as full and unreserved acceptance of these terms and conditions of sale.
Julbo will confirm each customer's order by email, as a matter of course. A second email will then confirm the delivery date.
Article 5 - Customers' obligations
By placing an order on the Julbo website, the customer certifies that:
- he/she is 18 years of age or over
- is resident in mainland France or French overseas departments or territories, Switzerland, the European Union, Turkey or Australia.
Article 6 - Pricing
6.1. All product prices are shown in Euro, inclusive of VAT (€ inc. VAT).
In the event of a change in the rate of VAT, the price will automatically be amended without any warning other than the date on which the new rate of VAT is payable.
Shipping costs are:
- €5.70 for deliveries in mainland France
- €8.10 for deliveries outside mainland France and for Zone 1 of French overseas departments and territories (Guadeloupe, Guyana, Martinique, Reunion Island, Mayotte, Saint-Pierre-et-Miquelon, Saint-Martin and Saint-Barthélemy.)
- €9.60 for deliveries outside mainland France and for Zone 2 of French overseas departments and territories (New Caledonia, French Polynesia, Wallis-et-Futuna, French Southern and Antarctic Lands and Clipperton Island.)
- €16.15 for deliveries within the European Union
- €19.80 for Turkey
- €26.40 for Australia
Orders are payable immediately.
For deliveries outside French territory, the VAT arrangements provided for in the French General Tax Code shall apply. In particular, any order placed on the website and delivered outside France may be subject to any taxes and customs duties applied when the package reaches its destination. Customers shall be responsible for paying any customs duties and taxes related to an item's delivery. Julbo is not obliged to check and inform customers of any customs duties and taxes that may be applicable. Julbo advises its customers to find out about any such duties and taxes from the relevant authorities in their country of origin.
6.2. Failure on the part of the customer to meet the obligations arising from these General Terms and Conditions of Sale and, in particular, those relating to any payment problems, shall result in suspension of said customer's access to the Julbo Service, or even cancellation of his/her account, depending on the seriousness of the actions in question, without prejudice to any damages that may be sought by Julbo. Consequently, Julbo reserves the right to refuse any order from customers who may be involved in this type of dispute or disputes relating to payment for a previous order or who, in Julbo's opinion, present any type of risk.
Article 7 - Conformity of products and services
7.1. The information contained on each product specification sheet is supplied by Julbo.
Julbo shall do its utmost to ensure that the photographic representation of the products on the Julbo website are as faithful as possible to the products themselves. With regard, however, to the digital representation format of the products or services on the Internet, the customer's perception of the photographic representation of the products may not correspond exactly to the product itself.
So as to prevent the customer from experiencing any disappointment, Julbo provides customers with a means of ensuring the conformity of its products:
- Julbo offers free trials of frames, upon appointment, at a Julbo opticians shop or sports retailer. This offer is only available in mainland France.
7.2. In the event of non-conformity of the product or service delivered to the customer, or any transport-related damage, the customer may return the product to Julbo using the procedure advised once an email request has been submitted using the "Contact" button which can be accessed at the bottom of the page.
Circumstances under which this procedure applies are as follows:
- The package is damaged: the customer should refuse the package upon delivery or obtain a damage certificate from the carrier.
- The product delivered is different from the one ordered. For example, when there is a difference of model or colour.
The customer may ask Julbo:
- Either to deliver a product or service that is identical to the one ordered, if available.
- Or for a refund of the price of the product or service ordered within 30 days of receipt of the Product by the customer.
In order to benefit from replacement items or refunds:
- The customer shall submit his/her claim within a maximum of 30 days of receipt of the package. Any claim submitted after this deadline shall be rejected and Julbo will not be able to accept any liability.
- The customer shall, by the same deadline, return the goods in their original packaging. The goods shall be returned by recorded delivery or registered post.
Julbo shall only be liable for the cost of returning the product in the event of non-conformity or transport-related damage. In all other cases, the customer shall be liable for the cost of any returns.
In order to obtain a replacement product, the customer shall pay Colissimo Suivi or equivalent re-delivery rates.
Furthermore, for any order where the delivery address originally supplied proves to be invalid and results in the package being returned to Julbo, the customer shall be liable for the cost of any re-delivery to a new address.
Article 8 - Quality control
8.1. Our frames and lenses are inspected on a regular basis by an independent laboratory. Because of this, we are able to ensure that our sunglasses fully comply with EC standards (downloadable conformity test).
Article 9 - Exceptional or unforeseen unavailability of products and services
In the event of partial, or total, unavailability of the product after an order has been placed, the customer shall be informed by email of delivery of a partial order (fulfilment of the remainder of the order from stock remaining firm and final), or of the cancellation of his/her order.
In application of Article L 121-20-3 of the French Consumer Code, if the product or service is unavailable, the customer is entitled:
- Either to obtain a product or service of equivalent quality at the same price, subject to availability.
- Or to obtain a refund of the price of the product or service ordered, within 30 days of requesting such refund.
Julbo shall be responsible for the cost of delivering any new product or service.
Article 10- Payment
Payment for purchases is currently made via PayPal (from one account to another, or by Bank Card).
Bank cards currently accepted are: CB, Visa, Master Card, Discover, American Express, Carte Aurore, Cofinoga or 4 étoiles.
We only accept bank cards issued in the following countries: France, French overseas departments and territories, the European Union, Turkey and Australia.
The customer's bank account will be debited on the order date and the order will be considered to be effective upon confirmation that the payment has been approved by the banking institution concerned.
10.2. Fraud prevention in relation to bank cards and cheques
Julbo uses 3D Secure technology (Verified By Visa or MasterCard SecureCode) to safeguard payments made by bank card.
Paypal has a checking procedure to prevent any fraudulent use of bank details to place orders on the website.
As part of these checks, the customer may be asked to send Julbo (by fax, post or email) a copy of the front and back of his/her identity card (national identity card or passport) as well as proof of residence for at least 3 months.
The order cannot be confirmed and the goods cannot be shipped until such documents have been submitted and checked. Julbo reserves the right to issue a refund for the order in question if such documents fail to be received or if the documents received are not in order.
Article 11- Security
The Julbo website www.julbo-eyewear.com entrusts PayPal with the security of its transactions. The website incorporates one of the most efficient security systems ever created. It uses SSL (Secure Socket Layer) 128 bit encryption to protect any sensitive data relating to the means of payment as effectively as possible. Julbo never has access to confidential payment-related information. That is why the customer's bank details are requested every time an order is placed
In fact, only PayPal has access to the confidential information (card number - valid from date) and this cannot be accessed by third parties.
Article 12 - Delivery
12.1. Place of delivery
Products or services shall be delivered to the place indicated by the customer during the order process.
All deliveries are notified by email to the email address given by the customer during the order process.
When an order is shipped, Julbo arranges for an original invoice, including delivery costs and VAT, to be attached to the package. Customers can view the progress of the order on-line by clicking on "My account" on the website.
In the event of a partial shipment, an invoice or a delivery note shall be placed inside the package summarising the products and/or services actually contained therein.
The customer shall select the place of delivery: at home, at work, at a third party location, at a holiday destination etc. If the customer is out when the delivery takes place, he/she shall avail him/herself of the options offered by the postal service in the country in question. In mainland France, a failed delivery slip is normally posted through the letterbox. Customers then have the option of collecting the package or packages from a Post Office, for products distributed by Coliposte, within 10 days of receiving the failed delivery slip. If the package is delivered by a carrier, a note is also posted through the letterbox at the address indicated by the customer when the order is placed.
12.2. Sunglasses delivery time
Julbo does its utmost to dispatch orders within 2 to 3 working days.
12.3. Late delivery
If the customer has not received his/her package within 30 days of the payment date, he/she can contact Julbo customer service by email using the "Contact" link appearing at the bottom of the website.
12.4. Partial delivery
Customers shall be informed by email of the partial delivery of an order. A second email shall inform customers of the delivery of the other products and/or services ordered.
12.5. Deliveries made
Each delivery is deemed to have actually been made once the product or service has been supplied to the customer, in particular, by the carrier. Proof of delivery is provided by the carrier's monitoring system i.e. the French monitoring system offered on the La Poste website for the "Colissimo" service.
Without prejudice to the customer's cooling off period, as defined in Article 9 below, the customer is responsible for checking shipments upon arrival and for expressing any reservations and making any claims that may appear to be justified, or indeed for refusing to accept the package, if the latter is likely to have been opened or if it has clear signs of damage. The aforementioned reservations and claims shall be forwarded to the carrier by recorded delivery letter within three working days of delivery of the products. A copy shall be forwarded to Julbo immediately.
Article 13 - Guarantees
Any order placed on the Julbo website www.julbo-eyewear.com shall adhere to the legal safeguards provided for by Articles 1641 et seq. of the French Civil Code and Articles L211-4 et seq. of the French Consumer Code.
Article 14 - Cooling off period
14.1. General case of products sold on the Julbo website
Consumers have seven clear days from receiving the package to exercise their right of withdrawal without having to give a reason or pay penalties, with the exception, where appropriate, of the of returns cost in accordance with the French Consumer Code, Article L121-20.
The returned product shall be sent by recorded delivery or registered post, once a written request has been made to Julbo customer services. All products returned shall be new, unused and in their fully intact, original packaging (together with the lens cloths and accessories supplied with branded eyewear).
Refunds are made within 15 to 20 days of receipt and checking by our product returns department, in accordance with the terms and conditions mentioned above. Refunds are made solely by crediting the means of payment used for the purchase (bank card or Paypal). We do not give refunds by cheque.
Article 15 - Procedures for the return of products or services by customers
In order to take full advantage of the terms of Article 9 "Conformity of products and services" and possibly of those of Article 16 "Cooling off period", customers shall return the product or service to Julbo:
- Subject to having made a written request, in the first instance, to Julbo customer services by email to firstname.lastname@example.org or by post to: Julbo - Collector e-shop Department - rue Lacuzon – 39400 Longchaumois -France.
- The return shall be made by recorded delivery or registered post to:
Julbo/ Returns Collector e-shop Department
Order No. (state the corresponding number)
- Adequately protected, in its original packaging, in perfect condition for resale (unused, undamaged and clean) accompanied by any accessories, user information sheets and documentation.
- Accompanied by the sales invoice so as to enable Julbo to identify the customer (order number, surname, first name, address) and arrange the corresponding credit/refund (purchase price refunded, excluding any delivery costs).
- Without the product or service showing any clear signs of long-term use (in excess of just a few minutes), i.e. subject to the products not showing signs of prolonged use in excess of the time need to test such products and being in a condition suitable for resale.
Article 16 - Personal data
Julbo undertakes not to disclose the information supplied by customers on the Julbo website www.julbo-eyewear.com to third parties. This information is confidential. It will only be used by internal departments for processing customer orders and to improve and personalise communications, particularly by means of information letters/emails as well as within the context of customising the website in line with customers' stated preferences.
Julbo does not, therefore, sell or rent its customers' personal information to third parties. Julbo may send customers information and offers from its partners.
The customer hereby agrees to the storage of his/her personal visual correction data. Such data shall not, under any circumstance, be sold or disclosed to third parties other than in the form of aggregated and anonymous statistics.
Customers have the option to object to such processing by sending an email to Julbo at email@example.com (if customers use different email addresses to place their order, they are requested to send Julbo a message from each of the email addresses registered on the Julbo website: www.julbo-eyewear.com).
In accordance with the French personal data protection act of 6 January 1978, customers may exercise their right to access their file and to correct or delete any of their personal data by sending an email to firstname.lastname@example.org (state your email address, surname, first name and postal address). The subject of the email shall read as follows: "I wish to cancel my Julbo account" or by post to this address:
Julbo - Collector e-shop Department - rue Lacuzon – 39400 Longchaumois - France.
In accordance with the recommendations of the Commission Nationale Informatique et Libertés or CNIL [French data protection authority], users have the option to stop further messages at any time by writing to email@example.com
Article 17 - Applicable law - Disputes
These General Terms and Conditions of Sale, written in French, shall be executed and interpreted in accordance with French law.
In the event of any disputes, customers shall contact Julbo, in the first instance, to seek an amicable solution.
Failing this, jurisdiction shall lie solely with the French courts.
Version of the General Terms and Conditions dated 04/03/2014.