General Sales Terms and Conditions

Between the company Éditions AS SARL,

58, rue Servan  75011 Paris,

with a share capital of 38.000€,

registered in the Trade and Companies Register of PARIS

under the SIRET number 34436451800011,

represented by Mrs. Natacha Gladyrewsky

as managing director,

duly authorized for the purposes hereof.

The company can be reached by email by clicking on the contact form accessible via the home page of the website.

Hereinafter the “Seller” or the “Company”.
On the one hand,
And the natural or legal person proceeding to the purchase of products or services of the company, hereinafter, “the Buyer”, or “the Customer”
On the other hand,
The following has been stated and agreed:

PREAMBLE

The Seller is a publisher of JTSE Online’s Products and Services for consumers, marketed through its websites (http://www.jtse.fr ). The list and description of goods and services offered by the Company can be consulted on the above-mentioned sites.

Article 1: Purpose

The present General Sales Terms and Conditions determine the rights and obligations of the parties in the context of the online sale of Products or Services offered by the Seller.

Article 2: General provisions

These General Sales Terms and Conditions (GSTC) govern the sale of Products or Services, made through the Company’s websites, and are an integral part of the Contract between the Buyer and the Seller. They are fully opposable to the Buyer who has accepted them before placing the order.

The Seller reserves the right to modify the present terms and conditions at any time by publishing a new version on its website. The applicable GSTC are those in force at the date of payment (or first payment in case of multiple payments) of the order. These GSTC are available on the Company’s website at the following address WWW .

The Company also ensures that their acceptance is clear and without reserve by putting in place a checkbox and a validation click. The Customer declares that he has read all of these General Sales Terms and Conditions, and, if applicable, the Special Sales Terms and Conditions related to a product or a service, and accepts them without restriction or reservation.

The Customer acknowledges that he/she has received the necessary advice and information to ensure that the offer is suitable for his/her needs.

The Customer declares that he/she is legally able to contract under French law or that he/she is validly representing the natural or legal person for whom he/she is contracting.

Unless proved otherwise, the information recorded by the Company constitutes proof of all transactions.

Article 3 : Prices

The prices of the products sold through the websites are indicated in Euros excluding taxes and are precisely determined on the pages describing the Products. They are also indicated in euros including all taxes (VAT + other possible taxes) on the order page of the products. The Company reserves the right to change its prices at any time in the future. The telecommunication costs necessary to access the Company’s websites are at the Client’s expense. If applicable, also the delivery costs.

Article 4: Conclusion of the online contract

In accordance with the provisions of Article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract by electronic means in order to be able to carry out his order: Information on the essential characteristics of the Product – Choice of the Product, if necessary, of its options – Indication of the essential coordinates of the Customer (identification, email, address…) – Acceptance of the present General Sales Terms & Conditions – Verification of the elements of the order (formality of the double click) and, if necessary, correction of the errors Before proceeding to its confirmation, the Buyer has the possibility to check the details of his order, its price, and to correct any errors, or cancel his order. The confirmation of the order will entail the formation of this contract. Then, follow the instructions for payment, payment of the products, then delivery of the order. The Customer will receive confirmation by e-mail of the payment of the order, as well as an acknowledgement of receipt of the order confirming it.

During the ordering process, the customer will have the possibility to identify and correct any errors in the data entry. The language proposed for the conclusion of the contract is the French language.

The archiving of the communications, of the order, the details of the order, as well as the invoices are carried out on a reliable and durable support so as to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the civil code. This information can be produced as evidence of the contract.

To complete the order correctly, the Customer undertakes to provide truthful identification details. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.

Article 5: Products and services

The essential characteristics of the services and their respective prices are made available to the purchaser on the company’s websites, as well as, if applicable, the method of use of the product. In accordance with Article L112-1 of the Consumer Code, the consumer is informed, by way of marking, labeling, display or any other appropriate process, of the prices and specific conditions of sale and performance of services before any conclusion of the sales contract. In all cases, the total amount due by the Buyer is indicated on the order confirmation page. The selling price of the product is the one in force on the day of the order. The Seller reserves the right to modify his prices at any time, while guaranteeing the application of the price indicated at the time of the order.

When services are not performed immediately, clear information is given on the product presentation page as to the delivery dates of the products or services. The customer certifies that he/she has received a detailed description of the terms of payment and execution of the contract, as well as detailed information on the identity of the seller, his/her postal address, telephone and electronic contact details, and his/her activities in the context of the present sale. 

The contractual information is presented in detail and in French language. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The duration of the offer validity on the Products as well as their prices is specified on the Company’s websites, as well as the minimum duration of the proposed contracts when they concern a continuous or periodic supply of products or services. Unless special conditions, the rights granted hereunder are only granted to the natural person signing the order (or the person holding the communicated email address).

Article 6: Compliance

In accordance with Article L.411-1 of the Consumer Code, the products and services offered for sale through these GSTC meet the requirements in force relating to the safety and health of persons, the fairness of commercial transactions and consumer protection. Independently of any commercial guarantee, the Seller remains responsible for the defects of conformity and the hidden defects of the product.

In accordance with article L.217-4, the seller delivers a good in conformity with the contract and is responsible for the defects of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation, if the latter has been charged to him under the contract or has been carried out under his responsibility.

Article 7: Retention of title clause

The products remain the property of the Company until full payment of the price.

Article 8 : Payment

Payment is due immediately upon ordering, including for pre-ordered products. The customer can pay by bank transfer or by credit card. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). The secure online payment by credit card is made by our payment gateways Paypal or Stripe. The information transmitted is encrypted according to the rules of the art and cannot be read during transport on the network. Once the payment is initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay by card is irrevocable. By communicating his banking information at the time of the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In case of error, or the impossibility of debiting the card, the Sale is immediately cancelled by right and the order cancelled.

Article 9 : Right of withdrawal

In accordance with the provisions of Article L 221-28 of the Consumer Code, the Buyer  does not have the right of withdrawal if the service is fully executed upon conclusion of the contract.

Article 10: Complaints and mediation

If necessary, the Buyer may make any claim by contacting the company at : organisation@jtse.fr.

In accordance with the provisions of Art. L. 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that he can have recourse to a consumer mediator under the conditions provided for in Title I of Book VI of the Consumer Code.

In case of failure to file a claim with the Seller’s customer service, or in the absence of a response within two months, the consumer may submit the dispute to a mediator who will attempt, in complete independence, to bring the parties together in order to reach an amicable solution.

Article 11: Intellectual Property Rights

The brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these GSTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.

Article 12: Force majeure

The performance of the seller’s obligations under the present contract shall be suspended in the event of a fortuitous event or force majeure that would prevent its performance. The Seller will notify the Customer of the occurrence of such an event as soon as possible.

Article 13: Invalidity and modification of the contract

If any of the provisions of this Agreement are invalidated, such invalidity shall not invalidate the remaining provisions which shall remain in full force and effect between the parties. Any contractual modification is only valid after a written and signed agreement of the parties.

Article 14: Protection of personal data

In accordance with Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the Seller implements a processing of personal data that has as its purpose the sale and delivery of products and services defined in this contract. The Buyer is informed of the following:
– the identity and contact information of the data controller and, if applicable, of the data controller’s representative: the Seller, as indicated at the top of these GSTC; – the contact details of the data protection officer: lydie.p@jtse.fr – the legal basis of the processing: contractual execution –

the recipients or categories of recipients of the personal data, if they exist: the controller, his marketing departments, the departments in charge of IT security, the department in charge of sales, delivery and ordering, the subcontractors involved in the delivery and sales operations, as well as any authority legally authorized to access the personal data in question – no transfer outside the EU is foreseen – the duration of the data retention: the time of the commercial prescription – the data subject has the right to ask the controller for access to the personal data, the rectification or erasure thereof, or a limitation of the processing relating to the data subject, or the right to object to the processing and the right to data portability – the data subject has the right to lodge a complaint with a supervisory authority – the information requested at the time of the order is necessary for the establishment of the invoice (legal obligation) and the delivery of the ordered goods, without which the order cannot be placed. No automated decisions or profiling is implemented through the ordering process.

Article 15: Applicable law and clauses

All clauses contained in these general terms and conditions of sale, as well as all purchase and sale operations referred to herein, shall be subject to French law.

The nullity of a contractual clause does not entail the nullity of the present general sales conditions and terms.

Article 16: Consumer Information

For consumer information purposes, the provisions of the Civil Code and the Consumer Code are reproduced below:

Article L. 217-5 of the French Consumer Code: The goods conform to the contract:
1° Whether it is fit for the use normally expected of similar property and, if so :
– if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
– if it has the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.

Article L. 217-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

Article L. 221-18 of the Consumer Code :
The right of withdrawal cannot be exercised for contracts:
1° The supply of services fully performed before the end of the withdrawal period and whose performance has begun after the consumer’s prior express agreement and express waiver of his right of withdrawal;
2° The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the trader and which may occur during the withdrawal period;
3° Supply of goods made to the consumer’s specifications or clearly personalized;
4° Supply of goods likely to deteriorate or expire rapidly;
5° Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
6° The supply of goods which, after delivery and by their nature, are inseparably mixed with other articles;
7° Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the trader;
8° Maintenance or repair work to be carried out urgently at the consumer’s home and expressly requested by him, within the limit of spare parts and work strictly necessary to meet the emergency;
9° Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
10° Supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
11° Concluded at a public auction;
12° The provision of accommodation services, other than residential accommodation, transportation services, car rentals, catering or leisure activities that are to be provided on a specific date or at a specific time;
13. The supply of digital content not provided on a physical medium, the performance of which has begun after the consumer has given his express prior consent and expressly waived his right of withdrawal.

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