GENERAL TERMS AND CONDITIONS OF SALE
1. PURPOSE OF GENERAL TERMS AND CONDITIONS OF SALE
1.1 PUBLISHER
THE SITE WWW.CASEYCASEY.EU (THE “SITE”) IS PUBLISHED BY JONES SMITH + CASEY, A LIMITED LIABILITY COMPANY WITH SHARE CAPITAL OF €7,622.45, WHOSE REGISTERED OFFICE IS LOCATED AT 6 RUE DE SOLFÉRINO - 75007 PARIS, REGISTERED WITH THE PARIS TRADE AND COMPANIES REGISTER UNDER NUMBER 423 025 055, WHOSE INTRA-COMMUNITY VAT NUMBER IS FR24423025055 (HEREINAFTER “JONES SMITH + CASEY”).
1.2 APPLICABILITY OF GTCS
THE GENERAL TERMS AND CONDITIONS OF SALE (THE “GTCS”) DETAILED BELOW APPLY TO ALL ORDERS FOR PRODUCTS PLACED VIA THE SITE (THE “PRODUCTS”) FROM JONES SMITH + CASEY BY ANY PERSON (THE “CUSTOMER”). THE GTCS ARE AVAILABLE ON THE SITE AND THE CUSTOMER MUST READ THEM PRIOR TO ANY ORDER (THE “ORDER”). JONES SMITH + CASEY RESERVES THE RIGHT TO ADAPT OR MODIFY THE GTCS AT ANY TIME. THE VERSION OF THE GTCS APPLICABLE TO ANY SALE IS THAT SHOWN ON-LINE ON THE SITE WWW.CASEYCASEY.EU AT THE TIME OF THE ORDER. CONSEQUENTLY, PLACING AN ORDER REQUIRES FULL PRIOR AND UNRESERVED ACCEPTANCE OF THE GTCS BY THE CUSTOMER, BY CLICKING ON THE TICK BOX “I ACCEPT THE GENERAL TERMS AND CONDITIONS OF SALE” PROVIDED FOR THIS PURPOSE DURING THE PURCHASE PROCESS.
2. REGISTRATION ON THE SITE
2.1 ACCOUNT CREATION
IN ORDER TO PLACE AN ORDER, THE CUSTOMER MAY FIRST REGISTER ON THE SITE BY CREATING AN ACCOUNT CONTAINING THE CUSTOMER’S INFORMATION (THE “ACCOUNT”). THE CUSTOMER MUST IDENTIFY HIMSELF/HERSELF ACCURATELY BY FILLING IN THE FORM MADE AVAILABLE TO HIM/HER, INCLUDING IN PARTICULAR THE INFORMATION NECESSARY FOR HIS/HER IDENTIFICATION, IN PARTICULAR HIS/HER NAME, SURNAME, POSTAL ADDRESS OF DELIVERY AND INVOICING, AND TELEPHONE. FOR THE FOLLOWING PURCHASES, THEY WILL NEED TO ENTER THEIR EMAIL ADDRESS AND PASSWORD.
2.2 VALIDATION AND CONFIRMATION
THE CUSTOMER’S REGISTRATION ON THE SITE IS VALIDATED BY JONES SMITH + CASEY AFTER VERIFICATION OF THE INFORMATION PROVIDED BY THE CUSTOMER. THE CUSTOMER RECEIVES AN E-MAIL CONFIRMATION OF REGISTRATION.
2.3 ACCURACY AND CONFIDENTIALITY
WHEN CREATING AN ACCOUNT, THE CUSTOMER MUST ENSURE THE ACCURACY AND COMPLETENESS OF THE DATA HE/SHE PROVIDES. THE CUSTOMER IS REQUIRED TO UPDATE HIS/HER PERSONAL INFORMATION. IN THE EVENT OF AN ERROR IN THE RECIPIENT’S CONTACT DETAILS, JONES SMITH + CASEY SHALL NOT BE LIABLE FOR ANY DIFFICULTIES OR INABILITY TO DELIVER PRODUCTS. BY REGISTERING ON THE SITE, THE CUSTOMER REPRESENTS AND WARRANTS TO JONES SMITH + CASEY THAT HE IS OF THE AGE AND HAS LEGAL CAPACITY TO CONTRACT. THE CUSTOMER IS ONLY AUTHORISED TO CREATE ONE ACCOUNT. THE CUSTOMER IS RESPONSIBLE FOR SELECTING AND MAINTAINING ITS CREDENTIALS AND MUST ENSURE THEIR CONFIDENTIALITY. JONES SMITH + CASEY SHALL UNDER NO CIRCUMSTANCES BE HELD LIABLE FOR ANY USURPATIONS OF CREDENTIALS AND CONNECTIONS TO CUSTOMER ACCOUNTS BY THIRD PARTIES. JONES SMITH + CASEY MAY DELETE THE CUSTOMER’S ACCOUNT AT ANY TIME, FOR ANY REASON, AT ITS SOLE DISCRETION.
3. PRODUCTS AND ORDERS
3.1 PRODUCTS OFFERED
THE PRODUCTS OFFERED FOR SALE ARE THOSE PRESENTED ON THE SITE ON THE DAY OF THE CUSTOMER’S VISIT TO THE SITE, WITHIN THE LIMIT OF AVAILABLE STOCKS. THESE INDICATIONS ARE UPDATED AUTOMATICALLY IN REAL TIME. HOWEVER, JONES SMITH + CASEY IS NOT LIABLE FOR UPDATE ERRORS, REGARDLESS OF THEIR ORIGIN.
JONES SMITH + CASEY TAKES THE UTMOST CARE IN THE PRESENTATION AND DESCRIPTION OF ITS PRODUCTS TO BEST SATISFY THE CUSTOMER’S INFORMATION. THE CUSTOMER IS REQUIRED TO CONSULT THE DESCRIPTIVE SHEET OF EACH PRODUCT IN ORDER TO KNOW ITS CHARACTERISTICS. THE PHOTOGRAPHS ON THE SITE ARE PRESENTED FOR ILLUSTRATIVE PURPOSES.
3.2 REGISTRATION OF THE ORDER
PLACING AN ORDER ON THE SITE IS SUBJECT TO COMPLIANCE WITH THE PROCEDURE SET UP BY JONES SMITH + CASEY ON THE SITE INCLUDING SUCCESSIVE STEPS UNTIL THE ORDER IS CONFIRMED. THE CUSTOMER MAY SELECT AS MANY PRODUCTS AS THEY WISH TO ADD TO THE BASKET (THE “BASKET”). THE BASKET SUMMARISES THE PRODUCTS CHOSEN BY THE CUSTOMER AS WELL AS THE PRICES AND COSTS RELATED THERETO. THE CUSTOMER MAY FREELY MODIFY THE BASKET BEFORE VALIDATION OF ITS ORDER.
3.3 FINAL VALIDATION OF THE ORDER
AFTER HAVING READ THE STATUS OF HIS ORDER, AND ONCE ALL THE INFORMATION REQUESTED HAS BEEN COMPLETED BY THE CUSTOMER, THE LATTER WILL CLICK ON THE “ORDER” BOX TO PAY FOR HIS/HER ORDER. AT THIS STAGE, THE CUSTOMER WILL ACCESS A PAGE SPECIFYING THE BILLING ADDRESS AND THE DELIVERY ADDRESS THAT MAY BE CHANGED IF NECESSARY. ON THE FOLLOWING PAGE, THE CUSTOMER CAN SEE THE TERMS OF DELIVERY AND BY CLICKING ON “PAY”, THE CUSTOMER WILL THEN ACCESS A PAGE ALLOWING HIM/HER TO CHOOSE THE METHOD OF PAYMENT. TO DO SO, THE CUSTOMER MUST CONFIRM HAVING READ THESE GENERAL TERMS AND CONDITIONS OF SALE BY TICKING A BOX “I ACCEPT THE GENERAL TERMS AND CONDITIONS OF SALE”.
3.4 ORDER FOLLOW-UP
TO FOLLOW UP ON THE CURRENT ORDER, THE CUSTOMER MAY CONTACT CUSTOMER SERVICE BY E-MAIL AT CUSTOMERSERVICE@CASEYCASEY.EU.
4. REFUSAL TO PROCESS AN ORDER
JONES SMITH + CASEY RESERVES THE RIGHT TO REFUSE OR CANCEL AN ORDER FROM A CUSTOMER WITH WHOM IT HAS A DISPUTE REGARDING PAYMENT OF A PREVIOUS ORDER OR AN OBJECTIVE SUSPICION OF FRAUD. CUSTOMERS WHO HAVE RECURRENT RETURNS OR A HIGH RETURN RATIO MAY BE CONTACTED VIA EMAIL ABOUT THEIR ACCOUNT TO SEE IF JONES SMITH + CASEY CAN HELP REDUCE THE RETURN RATE. TERMS OF SERVICE AND POLICY CHANGES MAY APPLY TO CUSTOMERS WHO HAVE HIGH RETURN RATES, AND JONES SMITH + CASEY RESERVE THE RIGHT TO REFUSE SERVICE FOR EXCESSIVE RETURNS. JONES SMITH + CASEY ALSO RESERVES THE RIGHT TO REMOVE AT ANY TIME ANY PRODUCT DISPLAYED ON THE SITE AND TO REPLACE OR MODIFY ANY CONTENT OR INFORMATION ON THE SITE. DESPITE JONES SMITH + CASEY’S BEST EFFORTS TO MEET THE EXPECTATIONS OF ITS CUSTOMERS, THE LATTER MAY BE REQUIRED TO REFUSE TO PROCESS AN ORDER AFTER SENDING THE CUSTOMER THE CONFIRMATION EMAIL SUMMARISING THE ORDER. JONES SMITH + CASEY SHALL NOT BE LIABLE TO THE CUSTOMER OR ANY THIRD PARTY FOR THE HARMFUL CONSEQUENCES OF THE WITHDRAWAL OF A PRODUCT FROM THE SITE, OR THE REPLACEMENT OR MODIFICATION OF ANY CONTENT OR INFORMATION APPEARING ON THIS SITE, OR FOR REFUSING TO PROCESS AN ORDER AFTER SENDING THE CONFIRMATION EMAIL SUMMARISING THE ORDER.
5. PRICES AND TERMS OF PAYMENT
5.1 PRICES
THE PRICES OF THE PRODUCTS ARE INDICATED ON THE SITE IN EUROS FOR EUROPE (INCLUDING VAT). ALL PRICES DISPLAYED ARE CALCULATED AND INCLUDE VALUE ADDED TAX (VAT) APPLICABLE IN FRANCE. JONES SMITH + CASEY RESERVES THE RIGHT TO CHANGE ITS PRICES AT ANY TIME BUT THE PRODUCTS WILL BE CHARGED ON THE BASIS OF THE PRICES IN FORCE AT THE TIME OF REGISTRATION AND PAYMENT OF THE ORDER, SUBJECT TO AVAILABILITY. THE PRICE DUE BY THE CUSTOMER IS THE AMOUNT INDICATED ON THE SUMMARY ORDER FORM, OF WHICH THE CUSTOMER BECOMES AWARE BEFORE FINAL VALIDATION OF THE ORDER (WITH DELIVERY COSTS WHICH WILL BE ADDED IN THE DELIVERY PART).
5.2 PAYMENT
THE PAYMENT OF PURCHASES IS MADE SECURELY VIA THE ELECTRONIC PAYMENT MODULE SET UP BY OUR PARTNER STRIPE, EITHER BY DEBITING THE CUSTOMER’S STRIPE ACCOUNT OR BY CREDIT CARD OR PAYPAL. THE CUSTOMER EXPRESSLY ACKNOWLEDGES THAT THE COMMUNICATION OF HIS/HER CREDIT CARD NUMBER TO STRIPE ON BEHALF OF JONES SMITH + CASEY IS EQUIVALENT TO AUTHORISATION TO DEBIT HIS/HER ACCOUNT UP TO THE PRICE OF THE PRODUCTS ORDERED. THE FINAL VALIDATION OF THE ORDER SHALL CONSTITUTE PROOF OF THE ENTIRE ORDER.
6. DELIVERY
DELIVERY MEANS THE TRANSFER OF PHYSICAL POSSESSION OF THE PRODUCTS TO THE CUSTOMER. DELIVERY IS MADE TO THE DELIVERY ADDRESS INDICATED BY THE CUSTOMER. UPON RECEIPT OF THE PRODUCTS ORDERED, THE CUSTOMER MUST CHECK THEIR CONFORMITY. ANY ANOMALY MUST BE NOTIFIED TO JONES SMITH + CASEY CUSTOMER SERVICE BY EMAIL AT CUSTOMERSERVICE@CASEYCASEY.EU WITHIN THE REQUIRED DEADLINES. ANY NON-CONFORMING PRODUCT MUST BE RETURNED TO JONES SMITH + CASEY IN ITS ORIGINAL PACKAGING WITH LABELS AND INVOICE.
7. RIGHT OF WITHDRAWAL – REFUNDS AND RETURNS
If you have already placed and received an order and wish to return it, please follow the steps in our returns portal here.
7.1 DEADLINE AND PROCEDURE
THE CUSTOMER HAS FOURTEEN (14) DAYS FROM DELIVERY TO EXERCISE HIS/HER RIGHT OF WITHDRAWAL, WITHOUT JUSTIFICATION, IF HE/SHE IS A EU RESIDENT. THE RIGHT OF WITHDRAWAL DOES NOT APPLY TO UNSEALED HYGIENE PRODUCTS OR CUSTOMISED PRODUCTS.
7.2 TERMS OF RETURN
THE PRODUCT MUST BE RETURNED IN ITS ORIGINAL CONDITION, NOT WORN, NOT WASHED. ONCE PLACED, THE ORDER CANNOT BE CANCELLED.
7.3 REFUND
REFUNDS ARE MADE WITHIN FOURTEEN (14) DAYS USING THE SAME PAYMENT METHOD AS THE ORIGINAL PAYMENT.
8. WARRANTIES – LIMITATION OF LIABILITY
8.1 TERMS AND CONDITIONS FOR THE IMPLEMENTATION OF THE GUARANTEES
JONES SMITH + CASEY GUARANTEES CONSUMERS AGAINST DEFECTS OF CONFORMITY AND HIDDEN DEFECTS FOR PRODUCTS SOLD ON THE SITE UNDER THE FOLLOWING CONDITIONS:
8.2 LEGAL WARRANTIES
ALL PRODUCTS FOR SALE ON THE SITE BENEFIT FROM THE LEGAL GUARANTEE OF CONFORMITY (AS DEFINED IN ARTICLES L. 217-4 ET SEQ. OF THE FRENCH CONSUMER CODE) AND THE WARRANTY AGAINST HIDDEN DEFECTS (AS DEFINED IN ARTICLES 1641 ET SEQ. OF THE FRENCH CIVIL CODE), ALLOWING THE CUSTOMER TO RETURN THE DEFECTIVE OR NON-COMPLIANT PRODUCTS DELIVERED FREE OF CHARGE.
A) LEGAL GUARANTEE OF CONFORMITY
WHEN ACTING ON THE BASIS OF THE LEGAL GUARANTEE OF CONFORMITY, THE CUSTOMER:
→ HAS A PERIOD OF TWO YEARS FROM THE DELIVERY OF THE PRODUCT TO ACT;
→ MAY CHOOSE BETWEEN REPAIR OR REPLACEMENT OF THE GOODS, PROVIDED THAT THE CUSTOMER’S CHOICE DOES NOT RESULT IN A CLEARLY DISPROPORTIONATE COST WITH REGARD TO THE OTHER OPTION, TAKING INTO ACCOUNT THE VALUE OF THE GOODS OR THE EXTENT OF THE DEFECT;
→ IS EXEMPT FROM PROVIDING PROOF OF THE EXISTENCE OF THE LACK OF CONFORMITY OF THE PROPERTY DURING THE TWENTY-FOUR (24) MONTHS FOLLOWING THE DELIVERY OF THE PROPERTY.
THE LEGAL GUARANTEE OF CONFORMITY APPLIES IRRESPECTIVE OF ANY COMMERCIAL GUARANTEE GRANTED. THE CUSTOMER MAY DECIDE TO IMPLEMENT THE WARRANTY AGAINST HIDDEN DEFECTS OF THE ITEM SOLD WITHIN THE MEANING OF ARTICLE 1641 OF THE FRENCH CIVIL CODE AND IN THIS CASE MAY CHOOSE BETWEEN THE CANCELLATION OF THE SALE OR A REDUCTION IN THE SALE PRICE IN ACCORDANCE WITH ARTICLE 1644 OF THE CIVIL CODE.
B) WARRANTY AGAINST HIDDEN DEFECTS
ARTICLE 1641 OF THE FRENCH CIVIL CODE:
“THE SELLER IS BOUND BY THE GUARANTEE COVERING CONCEALED DEFECTS IN THE ITEM SOLD WHICH RENDER IT UNFIT FOR ITS INTENDED USE, OR WHICH REDUCE ITS USE TO SUCH AN EXTENT THAT THE PURCHASER WOULD NOT HAVE ACQUIRED IT, OR WOULD HAVE PAID A LOWER PRICE, HAD HE/SHE BEEN AWARE OF THEM.” ARTICLE 1648 OF THE FRENCH CIVIL CODE:
“LEGAL ACTION RESULTING FROM LATENT DEFECTS MUST BE BROUGHT BY THE PURCHASER WITHIN TWO YEARS FROM THE DISCOVERY OF THE DEFECT.” FOR ANY REQUEST REGARDING LEGAL GUARANTEES, THE CUSTOMER MUST CONTACT CUSTOMER SERVICE AT CUSTOMERSERVICE@CASEYCASEY.EU. THESE PROVISIONS ARE NOT EXCLUSIVE OF THE RIGHT OF WITHDRAWAL.
8.3 CONSEQUENCES OF THE IMPLEMENTATION OF LEGAL GUARANTEES
AS PART OF THE LEGAL GUARANTEE OF CONFORMITY, JONES SMITH + CASEY AGREES, AT THE CUSTOMER’S CHOICE:
→EITHER TO REPLACE THE PRODUCT WITH AN IDENTICAL PRODUCT SUBJECT TO AVAILABLE STOCKS;
→ OR TO REIMBURSE THE PRICE OF THE PRODUCT IF REPLACEMENT PROVES IMPOSSIBLE.
WITHIN THE FRAMEWORK OF THE WARRANTY AGAINST HIDDEN DEFECTS, JONES SMITH + CASEY UNDERTAKES, ACCORDING TO THE CUSTOMER’S CHOICE:
→ EITHER TO REFUND THE FULL PRICE OF THE RETURNED PRODUCT;
→ OR TO REFUND PART OF THE PRICE IF THE CUSTOMER DECIDES TO KEEP THE PRODUCT.
8.4 EXCLUSION OF WARRANTIES
PRODUCTS MODIFIED, REPAIRED, INTEGRATED OR ADDED BY THE CUSTOMER ARE EXCLUDED FROM WARRANTY. THE WARRANTY SHALL NOT APPLY TO VISIBLE DEFECTS. THE WARRANTY SHALL NOT COVER PRODUCTS DAMAGED DURING TRANSPORT AFTER DELIVERY OR DUE TO MISUSE.
8.5 FORCE MAJEURE
IN THE EVENT OF THE OCCURRENCE OF AN EVENT OF FORCE MAJEURE LEADING TO THE TOTAL OR PARTIAL NON-PERFORMANCE OF ITS OBLIGATIONS UNDER THESE GTCS, JONES SMITH + CASEY SHALL INFORM THE CUSTOMER OF THIS WITHIN FIFTEEN (15) DAYS OF THE OCCURRENCE OF SUCH EVENT, BY EMAIL OR BY REGISTERED LETTER WITH ACKNOWLEDGEMENT OF RECEIPT. EXPRESSLY, CASES OF FORCE MAJEURE OR FORTUITOUS EVENTS, IN ADDITION TO THOSE USUALLY UPHELD BY THE CASE LAW OF THE FRENCH COURTS AND TRIBUNALS, ARE CONSIDERED TOTAL OR PARTIAL STRIKES, LOCKOUTS, RIOTS, BOYCOTTS OR OTHER INDUSTRIAL OR COMMERCIAL ACTIONS, CIVIL DISTURBANCE, INSURRECTION, WAR, ACT OF TERRORISM, ADVERSE WEATHER, EPIDEMICS, BLOCKAGE OF MEANS OF TRANSPORT OR SUPPLY FOR ANY REASON WHATSOEVER, EARTHQUAKE, FIRE, STORM, FLOOD, WATER DAMAGE, GOVERNMENTAL OR LEGAL RESTRICTIONS, LEGAL OR REGULATORY CHANGES IN FORMS OF MARKETING, COMPUTER BREAKDOWN, BLOCKING OF TELECOMMUNICATIONS, INCLUDING WIRED OR RADIO NETWORKS, AND ANY OTHER CASES BEYOND THE CONTROL OF THE PARTIES PREVENTING THE NORMAL PERFORMANCE OF THE CONTRACTUAL RELATIONSHIP. ALL THE OBLIGATIONS OF THE PARTIES SHALL BE SUSPENDED FOR THE ENTIRE DURATION OF THE FORCE MAJEURE EVENT, WITHOUT COMPENSATION. IF THE FORCE MAJEURE EVENT CONTINUES FOR MORE THAN THREE (3) MONTHS, THE RELEVANT TRANSACTION MAY BE TERMINATED AT THE REQUEST OF JONES SMITH + CASEY OR THE CUSTOMER WITHOUT INDEMNITY ON EITHER SIDE.
9. INTELLECTUAL PROPERTY
THE CASEY/CASEY BRAND AND ALL TRADEMARKS, SIGNS AND LOGOS APPEARING ON THE PRODUCTS, THEIR ACCESSORIES OR THEIR PACKAGING, WHETHER REGISTERED OR NOT, SHALL REMAIN THE EXCLUSIVE PROPERTY OF JONES SMITH + CASEY. THE CONTENT OF THE INTERNET SITE WWW.CASEYCASEY.EU, INCLUDING TEXT, VISUAL, GRAPHIC ELEMENTS, INCLUDING GRAPHICS, IMAGES, CHARACTERS AND ANY OTHER ELEMENT OF THE SITE (HEREINAFTER THE “CONTENT”), IS THE PROPERTY OF JONES SMITH + CASEY AND ITS PARTNERS AND IS PROTECTED BY FRENCH AND INTERNATIONAL INTELLECTUAL PROPERTY LAWS. THE BRAND, THE INTERNET SITE WWW.CASEYCASEY.EU AND ITS CONTENT MAY UNDER NO CIRCUMSTANCES BE MODIFIED, REPRODUCED, REPRESENTED, INTEGRATED INTO A DERIVATIVE WORK OR OTHERWISE, ON ANY MEDIUM WHATSOEVER. ANY TOTAL OR PARTIAL REPRODUCTION OF THIS CONTENT IS STRICTLY PROHIBITED AND MAY CONSTITUTE AN INFRINGEMENT OFFENCE. NO PROVISION OF THE GTCS GRANTS THE CUSTOMER ANY RIGHTS ON THE SITE, EXCEPT THOSE NECESSARY FOR BROWSING THE SITE AND FOR PLACING AN ORDER. SIMILARLY, ALL COPYRIGHTS, DESIGNS AND MODELS, SUI GENERIS RIGHTS OF THE PRODUCER OF DATABASES RELATING TO THE PRODUCTS, THEIR ACCESSORIES OR THEIR PACKAGING, WHETHER FILED OR NOT, ARE AND SHALL REMAIN THE SOLE AND EXCLUSIVE PROPERTY OF JONES SMITH + CASEY, AND THE CUSTOMER MAY NOT MAKE ANY CLAIM OF ANY KIND WHATSOEVER ON SUCH RIGHTS.
10. PERSONAL DATA
AS PART OF DISTANCE SELLING, JONES SMITH + CASEY IS REQUIRED TO PROCESS INFORMATION CONCERNING THE CUSTOMER. THIS PROCESSING IS CARRIED OUT UNDER THE CONDITIONS DESCRIBED IN THE PRIVACY POLICY, WHICH EACH NEW CUSTOMER IS INVITED TO CONSULT AND ACCEPT AT THE TIME OF THE CREATION OF HIS/HER ACCOUNT. SPECIFIC INFORMATION IS ALSO GIVEN ON EACH COLLECTION FORM IN ORDER TO PROVIDE THE CUSTOMER WITH COMPLETE INFORMATION BEFORE PROCESSING HIS/HER DATA. THE CUSTOMER IS ALSO INVITED TO READ THE SECTION CONCERNING THE COOKIES USED BY THE SITE.
11. EVIDENCE, RETENTION AND ARCHIVING OF TRANSACTIONS
JONES SMITH + CASEY RECOMMENDS THAT THE CUSTOMER KEEP A PAPER RECORD OR A DURABLE DIGITAL MEDIUM OF ALL DATA RELATING TO HIS/HER ORDER. COMPUTERIZED RECORDS STORED IN JONES SMITH + CASEY’S COMPUTER SYSTEMS UNDER REASONABLE SECURITY CONDITIONS SHALL BE CONSIDERED AS EVIDENCE OF COMMUNICATIONS, ORDERS AND PAYMENTS MADE BETWEEN THE PARTIES. INVOICES ARE ARCHIVED ON A RELIABLE AND DURABLE MEDIUM SO AS TO CORRESPOND TO A FAITHFUL AND DURABLE COPY.IN ACCORDANCE WITH ARTICLE L. 213-1 OF THE FRENCH CONSUMER CODE, JONES SMITH + CASEY UNDERTAKES TO KEEP AND ARCHIVE, ON ALL MEDIA, FOR TEN (10) YEARS, CONTRACTS ENTERED INTO BETWEEN THE CUSTOMER AND JONES SMITH + CASEY WITH A VALUE EQUAL TO OR GREATER THAN €120 AND TO GUARANTEE ACCESS BY THE CUSTOMER AT ALL TIMES. THIS RIGHT OF ACCESS MAY BE EXERCISED BY CONTACTING THE FOLLOWING ADDRESS:
JONES SMITH + CASEY – 18, RUE DU GOULET, 93300 AUBERVILLIERS, FRANCE.
12. RETENTION OF TITLE
JONES SMITH + CASEY RETAINS FULL OWNERSHIP OF THE PRODUCTS SOLD UNTIL DELIVERY OF THE PRODUCT.
13. APPLICABLE LAW – MEDIATION – JURISDICTION
THESE GTCS ARE SUBJECT TO FRENCH LAW. IN ACCORDANCE WITH ARTICLES L. 616-1 AND R. 616-1 OF THE CONSUMER CODE, A CONSUMER MEDIATION SYSTEM IS PROPOSED. THE MEDIATION ENTITY SELECTED IS MÉDIATION CONSOMMATION DÉVELOPPEMENT. IN THE EVENT OF A DISPUTE, THE CUSTOMER MAY FILE A COMPLAINT ON ITS WEBSITE MEDCONSODEV.EU OR BY POST TO:
MÉDIATION CONSOMMATION DÉVELOPPEMENT
CENTRE D’AFFAIRES STÉPHANOIS SAS
IMMEUBLE L’HORIZON – ESPLANADE DE FRANCE
3, RUE J. CONSTANT MILLERET – 42000 SAINT-ÉTIENNE
AFTER PRIOR WRITTEN ACTION BY THE CUSTOMER TO JONES SMITH + CASEY, THE MEDIATOR’S SERVICE MAY BE REFERRED TO FOR ANY CONSUMER DISPUTE THAT HAS NOT BEEN RESOLVED.THE EUROPEAN COMMISSION HAS ESTABLISHED AN ONLINE DISPUTE RESOLUTION PLATFORM ACCESSIBLE AT HTTPS://WEBGATE.EC.EUROPA.EU/ODR/.ANY DISPUTE RELATING TO THE VALIDITY, INTERPRETATION, PERFORMANCE OR TERMINATION OF THE GTCS WHICH COULD NOT BE RESOLVED AMICABLY SHALL FALL WITHIN THE JURISDICTION OF THE FRENCH COURTS, WITHOUT EXCLUSIVE JURISDICTION. THE CUSTOMER RESIDING IN ANOTHER MEMBER STATE OF THE EUROPEAN UNION MAY ALSO BRING AN ACTION BEFORE THE COURTS OF THE MEMBER STATE IN WHICH HE/SHE RESIDES.