Terms & Conditions
General Terms of Sales and Use of the website DJULA.FR
The sector of activity that the seller is specialized in is the retail trade of watches and jewelry in specialty stores.
Unless specifically stipulated otherwise, the goods presented on the website djula.fr are proposed by the company DJULA.
The company DJULA is a simplified joint-stock company with its head office at 83 Rue des Saints-Pères in the 6th district of Paris, company capital of 676 945,08 €, and registration with the Paris Trade and Companies Registry under the number 411 687 239.
- DEFINITIONS AND FIELD OF APPLICATION
For the purposes of the interpretation and execution of the present document, the terms and expressions referred to below (when preceded by a capital letter) signify:
‘Goods’: any product proposed for sale on the Website;
‘Order’ : any request for Goods made and validated by the user on the website djula.fr ;
‘General Terms of Sale’: the general terms of sale outlined in the present document;
‘Products’: the Good, or Goods, specific to the ‘Order’ ;
‘Website’ : the website djula.fr;
‘Company’ : the company DJULA ;
‘You’ or ‘The User’ or ‘The Client’ : any person using the Website, particularly with the intention of ordering and/ or buying Goods proposed by djula.fr.
1.2. Field of application
The present General Terms of Sale and Use are reserved only for consumers as defined by law and jurisprudence : residents in the European Economic Area acting exclusively on their own behalf.
The present General Terms of Sale are applicable for all sales of Goods by DJULA through the Website djula.fr.
In accordance with articles L111-1 et L111-2 of the French Consumer Code, the essential characteristics and the price of Goods sold electronically are available on the Website djula.fr.
The present General Terms of Sale are the only applicable, and replace all other terms, unless specifically stipulated by a previous written document.
The Order of Products is reserved for Users who have understood and accepted the present General Terms of Sale in their entirety, as well as any potential conditions specific to individual Products, through a click made before each Order. The explicit acceptance of the General Terms of Sale, and any Individual Conditions, is done by checking a box or by clicking on the hypertext link provided for this purpose. Without such explicit acceptance, the continuation of any reservation process of goods is technically impossible.
The User is encouraged to read the General Terms of Sale referenced through a hyperlink on the bottom of each page of the Website with attention. Users are advised to download and/ or print the General Terms of Sale and to keep a copy. As General Terms of Sale can be modified at any moment and without prior notice, it is imperative that the User consult and accept the General Terms of Sale at the moment that Goods are reserved in order to check the provisions in effect at that moment. However, any modifications to the General Terms of Sale will not apply to orders placed and confirmed by djula.fr before the modifications were made.
The present General Terms of Sale will be sent to you with the e-mail confirming your Order.
The price of a product sold is the one in effect, and figuring on the website, at the date on which the ORDER IS PAID. Prices are indicated in Euros and US dollars with all tax included.
All orders made by clients established in the European Economic Area are payable in euros only. Orders made by clients established outside the European Economic Area are payable in US dollars only. In the event that customs duties or other local taxes, import duties or state tax are required, such duties and taxes are the sole responsibility of the Client : the Company can not be held liable for any such charges. The Company reserves the right to modify its prices at any moment and it should be clear that all products will be invoiced according to the prices in effect on the date that the order is paid for.
All orders imply total agreement to the present General Terms of Sale. The present terms prevail over all others with the exception of those that have been expressly accepted by DJULA. The acceptance of an order by DJULA results in the delivery of the ordered product. No order will be registered if one of the ‘required information’ fields has not been completed by the Client. All orders are final once the client has clicked on the ‘validate’ button.
BY CREDIT CARD
The fraudulent usage of a bank card number belonging to another person without his or her consent or the refutation of payment for fraudulent purposes legally constitutes the crime of fraud as stipulated by article 313-1 of the penal code and punishable by a sentence of 5 years imprisonment and a fine of 375 000 euros. New techniques now enable the tracking of attempts at fraud.
For payments made by bank card, the client’s identity will be verified in certain cases so as to ensure that it corresponds to the name of the cardholder. In any cases of doubt, the client will be asked to send a copy of proof of identity by fax, e-mail or post.
BY AMERICAN EXPRESS CARDS
For sales with delivery outside the European Economic Area, payments can only be made using an American Express card.
- DELIVERY / DELIVERY ITEMS
Products will be delivered to the address indicated over the course of processing the order. In the case that several products are ordered, DJULA reserves the right to subdivide the deliveries. The client, however, will only bear the costs of a single delivery. In case of payment by debit card, the order will be delivered as soon as the payment has been verified.
The company commits itself to implementing all measures necessary for the protection of client’s personal information and orders.
- TITLE RETENTION CLAUSE
The products remain the property of the company until full payment of the price set by the company.
- RIGHT TO CANCEL
The client has the right to return products delivered by DJULA, for either exchange, and without penalty, for a period of fourteen days starting from the delivery of the Order.
The products returned must be whole, in perfect condition and contained by packaging that includes the original packaging of the manufacturer.
The return of products cannot be applied to personalized goods, goods created according to consumer specifications, goods that are susceptible to damage or rapid expiration, or goods which, by nature, cannot be returned to the sender.
To exert your right to cancel, you must notify us of your decision to cancel by means of an unambiguous declaration (for example, a letter sent by post, fax or e-mail). You may use the standard cancellation form but it is not obligatory.
To respect the time period allowed for cancellations, it is sufficient for you to transmit a declaration expressing your exercise of the right to cancel before the expiration of the cancellation period.
You must return Products to us without excessive delay and, in all cases, fourteen days after having communicated your decision to cancel.
You must take responsibility for the return shipping costs of the Product.
Legal warranty of conformity and product defects
The Company is compelled by law to respect the defects to conformity of goods warranty set out in the conditions of article L217-4 and the French Consumer code, as well as to the warranty against hidden defects in sold items stipulated in articles 1641 by the French Civil code.
In case of non-conformity, it should be noted that the consumer has a period of two years starting from the date of the delivery of the product to exercise proceedings. He can choose between having the good repaired, or having the good replaced, provided that the situation complies with the conditions of costs referred to in article L217-9 of the French Consumer Code. The client is exempt from reporting the existence of a defect of conformity for the twenty-four months following the good’s delivery.
It should be noted that this warranty is applied independently from the commercial warranty as well as from the warranty of hidden defects stipulated in article 1641 of the Civil code, which states that the consumer can choose between the cancellation or the reduction of the sold article’s price in conformity with article 1644 of the Civil code.
Hidden defects warranty
The following provisions of articles from the Civil code should be noted
Article 1641 : The seller is obliged to comply with the terms of a warranty on account of hidden defects that make a sold item unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired the item, or would not have paid the same price for it had the defects been known.
Article 1648 1st paragraph : The legal action resulting from prohibitive defects should be filed by the buyer within two years starting from the date of the discovery of the defect.
Article 2232 : The deferment of the starting point, the suspension or interruption of the limitation period can not prolong the limitation period’s terms beyond twenty years starting from the day giving rise to the claim.
The first paragraph is not applicable in the cases mentioned in articles 2226, 2226-1, 2227, 2233 and 2236, in the first paragraph of article 2241 and article 2244. Neither does it apply to actions relative to the status of persons.
- APPLICABLE LAW
The present contract is subject to French law.
- NOMINATIVE INFORMATION
According to the Data Protection Act of January 6th, 1978, the client has the right to access, rectify and appeal against personal data concerning him or her. For such purposes, the client must address claims directly to the company DJULA in writing, at the following address :
83 Rue des Saints-Pères