These general conditions of sale (hereinafter the general conditions) apply to any purchase made by an Internet user, a natural person (hereinafter the "CUSTOMER" on the ijockey.fr website (hereinafter the "SITE") ) with IJOCKEY SAS with a capital of €5,000 whose head office is located at 48 chemin des aigles 60270 Gouvieux and registered with the Compiègne RCS under the number: B 751 230 707 (hereinafter iJockey)
Any order placed on the SITE necessarily implies the CUSTOMER's unreserved acceptance of these general conditions of sale.
ARTICLE 1 - DEFINITIONS
CUSTOMER: Co-contractor of iJockey who guarantees to have the quality of consumer as defined by French law and case law. As such, it is expressly provided that this CUSTOMER acts outside of any usual or commercial activity.
PARTIES: designates together iJockey and the Customer
DELIVERY: refers to the first presentation of the PRODUCTS ordered by the CLIENT to the delivery address indicated when ordering.
PRODUCTS: refers to all products, subscriptions and accessories available for sale on the Site.
TERRITORY: refers to metropolitan France, including Corsica (excluding DOM/TOM)
ARTICLE 2 - PURPOSE
These General Conditions of Sale are concluded between the iJockey company and any adult natural person who has the legal capacity or, if he is a minor, is able to justify the agreement of his legal representatives, non-trader and wishing make a purchase on the Site.
They aim to define the contractual relationship between iJockey and the Customer, as well as the general conditions for any purchase of PRODUCTS made on the Site. Any order placed by the Customer in this context is carried out by himself for his personal and non-professional needs.
ARTICLE 3 - ACCEPTANCE OF THE GENERAL CONDITIONS
The CUSTOMER undertakes to carefully read these General Conditions and accept them, before proceeding to the payment of an order of PRODUCTS placed on the SITE. These General Conditions are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing the order. The CUSTOMER is invited to carefully read, download, print the General Conditions and keep a copy.
iJockey reserves the right to modify its T&Cs at any time.
The new general conditions of sale will apply on their date of publication on the Site.
iJockey advises the CUSTOMER to read the General Conditions for each new order, the latest version of the said Conditions applying to any new order of PRODUCTS.
By clicking on the first button to place the order and then on the second to confirm said order, the CUSTOMER acknowledges having read, understood and accepted the General Conditions without limitation or condition.
The GCS are written as well as all the contractual information mentioned on the site in French.
ARTICLE 4 - OPENING AN ACCOUNT - PURCHASE OF PRODUCTS ON THE SITE
The CUSTOMER will be asked to provide information allowing him to be identified by completing the form available on the SITE. The sign (*) indicates the mandatory fields that must be completed for the CLIENT's order to be processed by iJockey. The CUSTOMER can check the status of his order on the SITE. Tracking of DELIVERIES may, where appropriate, be carried out using the online tracking tools of certain carriers. The CUSTOMER may also contact the iJockey sales department at any time by e-mail at firstname.lastname@example.org to obtain information on the status of their order.
The information that the CLIENT provides to iJockey when placing an order must be complete, accurate and up-to-date. iJockey reserves the right to ask the CUSTOMER to confirm, by any appropriate means, his identity, his eligibility and the information communicated.
ARTICLE 5 - PRODUCTS
5.1 Product characteristics
iJockey strives to present as clearly as possible the main characteristics of the products and the mandatory information that the customer must receive under applicable law (in these general conditions).
The customer agrees, before his order, to read on the Site the characteristics of the products he wishes to order.
The Customer is informed, subject to his rights, of the possibility of a difference in presentation on delivery of the Products ordered resulting from a modification of the packaging (photographs and illustrations) by the manufacturer, this difference not affecting in any way the content and characteristics of the Products.
The information is given for information only and evolves during updates.
iJockey cannot be held responsible for omissions, inaccuracies and deficiencies in the update.
iJockey reserves the right to modify the selection of products available on the SITE, in particular according to the constraints linked to its production activity or its suppliers.
The delivery of the products can only be made after full payment of the amount due by the buyer.
5.2 Use of products
iJockey cannot be held liable for damage caused by misuse and/or misuse of the various products sold on its Site.
In the event of an order to a country other than metropolitan France, the consumer is the importer of the product(s) concerned. Customs duties, local taxes, import duties or state taxes are likely to be required and will remain the responsibility of the consumer. They are the sole responsibility of the consumer both in terms of declaration and payment to the competent authorities and bodies of the country.
The responsibility of iJockey cannot be engaged in case of detention of the product in customs.
The sale takes place within the limits of available stocks.
iJockey indicates product availability, however errors may exist. iJockey cannot be held responsible for stock shortages or the impossibility of selling a product whose stock does not exist. In the event of unavailability of products ordered, the customer will be promptly informed of the unavailability of the products.
iJockey can, at the request of the CUSTOMER: either proceed to a partial shipment of the PRODUCTS available initially, then to the shipment of the rest of the order when the other PRODUCTS are available, subject to clear information concerning the costs additional transport costs that may be incurred, or offer an alternative PRODUCT of equivalent quality and price, accepted by the CLIENT.
If the CUSTOMER decides to cancel his order for unavailable PRODUCTS, he will obtain the reimbursement of all sums paid for the unavailable PRODUCTS, without delay and at the latest within thirty (30) days of payment.
Apart from reimbursement of the price of unavailable products, iJockey is not liable for any cancellation compensation.
All our promotions, offers, packs, operations are subject to sale within the limit of available stocks.
5.5 Resale of products
The consumer is required not to resell the products ordered on the site without the prior agreement of iJockey.
ARTICLE 6 - PRICE
6.1 Selling price
The selling prices of the products presented on the site are indicated in euros all taxes included and are subject to variation.
Prices include in particular value added tax (VAT) at the rate in effect on the date of order. Any modification of the applicable rate may impact the price of the PRODUCTS from the date of entry into force of the new rate.
The prices indicated are valid, except gross error. The applicable price is that indicated on the SITE on the date on which the order is placed by the CLIENT.
The sales prices do not take into account the delivery and transport costs mentioned before validation of the order and invoiced in addition.
The total amount owed by the consumer is indicated on the order confirmation page.
6.2 Modification of selling prices
iJockey reserves the right to modify its prices without notice and at any time. The applicable prices are those in effect at the time of validation of the order by the customer.
Additional costs such as delivery and transport costs are mentioned before the validation of the order. They are fixed on the order form.
ARTICLE 7 - ORDER
7.1 Order process
The user fills a virtual basket with the products he has selected by clicking on "add to basket". At any time the consumer can obtain a summary of the products he has added to the basket and modify his order by clicking on "my basket".
If the list corresponds to the products he wants to order, the consumer can then click on the "Order" button either for a personal account or for payment and add information relating to the delivery method, the exact delivery address and any possible access code to the delivery address and method of payment.
The consumer acknowledges that the confirmation of his order implies payment, his agreement on the prices, volumes, characteristics, quantities and delivery times of the products he has ordered.
7.2 Modifying an order
The customer has the possibility to check the details of his order and its total price and to correct any errors before definitively validating his order.
iJockey reserves the right to accept or not the modification of a consumer's order after its confirmation.
iJockey reserves the right to make changes to the ordered product that are linked to technical developments under the conditions provided for in Article R.212-4 of the Consumer Code.
7.3 Validation of an order
The order is validated once payment has been received in full by iJockey. iJockey declines all responsibility in the event of non-validation of the order, without possible recourse on the part of the customer.
The consumer will then receive an email from iJockey provided that the email address provided is correct. This email attests to the receipt of the order and its payment by the customer.
iJockey reserves the right to refuse any order for legitimate reasons. iJockey may also refuse or delay the processing of an order from a customer with whom there is a dispute relating to the payment of a previous order or if he suspects any fraud whatsoever.
Neither the order form that the CLIENT establishes online, nor the acknowledgment of receipt of the order that iJockey sends to the CLIENT by e-mail constitute an invoice. Regardless of the order or payment method used, the CLIENT will receive the original invoice by email.
7.4 Order date
The order date is the date on which iJockey acknowledges receipt of the order online. The deadlines indicated on the SITE only begin to run from this date.
ARTICLE 8 - PAYMENT
8.1 Methods of payment and liability
Orders are payable in Euros. The price is payable in full after confirmation of the order. Payment is made immediately online on the SITE using the means offered by iJockey. The CUSTOMER guarantees iJockey that he has all the authorizations required to use the chosen means of payment.
8.2 Secure payment
The site is equipped with an online payment security system allowing the customer to encrypt the transmission of his bank details via the electronic payment server of the security payment platform. At no time will the customer's bank details pass through the iJockey computer system.
8.3 Verified payment and order validation
In the event of a single payment by credit card, the CLIENT's account will be debited as soon as the order for PRODUCTS is placed on the SITE.
The execution of the order will be carried out after agreement of the bank payment center. In case of refusal the order will be canceled and the sale automatically terminated.
In the event of partial DELIVERY, the total amount will be debited from the CLIENT's account.
If the CUSTOMER decides to cancel his order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of article 5.4 of these General Conditions.
In the event of abusive practices and or fraudulent appearance, iJockey reserves the right to carry out checks on orders, and to request certain documents and information concerning the Customer in order to validate the order.
iJockey cannot be held responsible in the event of fraudulent use of the means of payment used.
The placing of an Order constitutes the conclusion of a distance selling contract between iJockey and the Customer. The sale will only be considered final after iJockey has sent the Customer confirmation of acceptance of the Order by e-mail and after receipt by the latter of the full price due.
If the full price including VAT of the order is not debited, iJockey reserves the right to automatically cancel the order without delay. It will be up to the customer to re-order with a valid means of payment.
The Products remain the full and entire property of iJockey until full payment of the price, including costs and taxes.
ARTICLE 9 – DELIVERY
9.1 Delivery costs
Delivery costs are explicitly specified on the site. The amount of delivery costs may vary depending on the address and delivery method of the order. The amount of the costs will be due by the customer in addition to the price of the products purchased. Orders offered FREE OF PORT can only be delivered to TERRITORIES. However, deliveries requested outside this TERRITORY are possible, but in this case, the shipping costs will be borne by the customer.
9.2 Delivery time
The delivery time depends on the delivery method chosen by the Customer, and is indicated on the site at the time of the order.
The delivery times for an order include its preparation, shipping and delivery to the delivery address indicated by the Customer. These deadlines are exclusive of weekends and public holidays.
If iJockey cannot deliver the product due to one of its service providers, it cannot be held responsible for the delay or the consequences. Its liability is limited to the amount of the product ordered by the customer.
9.3 Place of delivery and method
The products are delivered to the delivery address indicated by the Customer at the time of the order and according to the delivery method chosen.
9.4 Product compliance
Upon receipt of the package, the customer must check the conformity of his order. Any anomaly concerning an open or damaged package, broken references, etc. must be indicated on the receipt presented by the carrier and must be notified the same day, or at the latest on the 1st working day following delivery to iJockey's customer service department by email to the following address: email@example.com
The customer must return the products to iJockey who will send him the replacement product(s).
ARTICLE 10 – WITHDRAWAL AND RETURN
The consumer has a right of return of fourteen days from receipt of his order to return any item that does not suit him and request an exchange or refund, except for the return costs, which remain his responsibility.
The right of withdrawal can be exercised with our customer service directly from our website in the "Contact us" section. We will send you an acknowledgment of receipt of the withdrawal without delay on a durable medium (eg by e-mail).
Returns must be made in their original condition and complete, allowing them to be resold in new condition. Any product opened or damaged by the consumer will not be taken back.
In the event of withdrawal iJockey will reimburse all payments received. Either by recrediting the consumer's bank card, or by bank transfer depending on the method of payment for the order.
iJockey may defer reimbursement until receipt and verification of the products.
The costs of approaches for all return parcels are the responsibility of the consumer.
ARTICLE 11 - GUARANTEES
11.1 Guarantee of conformity
iJockey is required to deliver a compliant PRODUCT, i.e. suitable for the expected use of a similar item and corresponding to the description given on the SITE.
In this context, iJockey is likely to be liable for existing lack of conformity at the time of delivery and for lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to it or has was carried out under his responsibility. The action resulting from the lack of conformity is prescribed by two (2) years from the DELIVERY of the PRODUCT. In the event of a lack of conformity, the CUSTOMER may request the replacement or repair of the PRODUCT, at its option. However, if the cost of the CLIENT's choice is manifestly disproportionate to the other possible option, given the value of the PRODUCT or the importance of the defect, iJockey may proceed with a refund, without following the option chosen by the customer. In the event that a replacement or repair is impossible, iJockey undertakes to refund the price of the PRODUCT within 30 days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address 48 chemin des aigles 60270 Gouvieux.
11.2 Warranty against hidden defects
iJockey is bound by the warranty for hidden defects in the PRODUCT sold which render it unsuitable for the use for which it is intended, or which so diminish this use that the CUSTOMER would not have acquired it, or would only have given it a lesser price, if he had known them. This guarantee allows the CUSTOMER who can prove the existence of a hidden defect to choose between reimbursement of the price of the PRODUCT if it is returned and reimbursement of part of its price, if the PRODUCT is not returned. In the event that a replacement or repair is impossible, iJockey undertakes to refund the price of the PRODUCT within 30 days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address 48 chemin des aigles 60270 Gouvieux.
The action resulting from latent defects must be brought by the CLIENT within two (2) years from the discovery of the defect.
ARTICLE 12 - RESPONSIBILITY
Under no circumstances can iJockey be held liable in the event of non-performance or poor performance of the contractual obligations attributable to the CUSTOMER, in particular when entering his order.
iJockey cannot be held responsible for non-performance of the contract in the event of a shortage of stock.
iJockey's liability is up to the amount of the order
iJockey cannot be held responsible, or considered as having failed hereunder, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the case law of the French courts and tribunals. It is also specified that iJockey does not control the websites that are directly or indirectly linked to the SITE. Consequently, it excludes all liability for the information published therein. Links to third-party websites are provided for informational purposes only and no guarantee is given as to their content.
ARTICLE 13 – INTELLECTUAL PROPERTY
The site and all the elements composing it as well as their compilation are the property of iJockey. Neither the site nor the elements that compose it may be used, reproduced, duplicated, copied, sold, or exploited in any other way without prior written authorization.
ARTICLE 14 – MANAGEMENT OF PERSONAL DATA
iJockey collects personal data on the User and/or the Client. For more information on the processing implemented, consult the personal data protection policy accessible here.
ARTICLE 15 – COMPLAINTS
iJockey provides the CUSTOMER with a “Customer Telephone Service” at the following number: Any written complaint from the CUSTOMER must be sent to the following address: firstname.lastname@example.org. The claim period for orders not received must be made within a maximum of 2 months after validation of payment.
ARTICLE 16 – VALIDITY OF THE GENERAL CONDITIONS
Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Conditions cannot affect the validity of these General Conditions. Such a modification or decision does not in any way authorize CUSTOMERS to disregard these General Conditions. All conditions not expressly dealt with herein will be governed in accordance with the practice of the retail sector for individuals, for companies whose head office is located in France.
ARTICLE 17 – MODIFICATION OF THE GENERAL CONDITIONS
These General Conditions apply to all purchases made online on the SITE, as long as the SITE is available online.
The General Conditions are precisely dated and may be modified and updated by iJockey at any time. The applicable General Conditions are those in force at the time of the order. Changes to the General Conditions will not apply to PRODUCTS already purchased.
ARTICLE 18 – JURISDICTION AND APPLICABLE LAW
These General Conditions as well as the relations between the CLIENT and iJockey are governed by French law. In the event of a dispute, the competent court is the court of the domicile of iJockey or of the customer's domicile.
However, prior to any recourse to the arbitration or state judge, preference will be given to negotiation in a spirit of loyalty and good faith with a view to reaching an amicable agreement when any conflict relating to this contract arises, including relating to its validity.
The party wishing to implement the negotiation process must inform the other party by registered letter with acknowledgment of receipt, indicating the elements of the conflict.
In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and industry professionals. 'European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.
In the event of an unresolved dispute between the Professional and the Consumer, the consumer may contact the consumer mediator.
Before contacting the consumer mediator, the consumer must have already tried to resolve his dispute directly with the professional by a written complaint or have made a complaint under the terms of the contract concluded with the professional.
Consumer mediation is an out-of-court settlement of consumer disputes.
If the conditions are met, consumer mediation will take place according to a specific process and according to the texts in force.
The procedure is free for the consumer (R612-1 of the Consumer Code).
The consumer mediator is neutral, independent and impartial. The mediator is not part of the company with which the consumer has a dispute. The mediator of the iJockey company is:
CM2C: Conciliators Consumer Mediation Center
17 rue Saint-Jean
75017 Paris - FRANCE