Terms and Conditions
The present general conditions of sale are concluded between:
The GUEBERT simplified joint stock company domiciled at 302 rue Garibaldi, 69007 Lyon, with capital of € 10000,00 and registered with the Lyon RCS under number 900 318 437.
Hereinafter referred to as "GUEBERT"
On the one hand, great opportunities lie in
Any natural or legal person wishing to purchase products via the website www.byjo.fr (hereinafter referred to as "byjo.fr)
Hereinafter referred to as the "Client"
On the other hand.
1. Acceptance of the general conditions of sale
The purchase of products offered for sale on byjo.fr is subject to these general conditions of sale.
Anyone ordering a product on byjo.fr implies full and complete acceptance of these general conditions of sale, which the Customer acknowledges having read before ordering.
The products for sale on byjo.fr are sold directly by GUEBERT.
BY JO brand products are intended to be sold to end users, natural or legal persons; all resellers or intermediaries acting on behalf of resellers are excluded. The Customer therefore declares to purchase products on byjo.fr as an end consumer, without the intention of reselling BY JO products for commercial purposes, and to limit their use to strictly personal use. The Customer also declares to have full legal capacity, allowing him to contract the commitments under these general conditions of sale.
GUEBERT reserves the right to modify its general conditions of sale at any time without obligation to notify visitors or consumers of byjo.fr in advance. The applicable conditions will then be those in force on the date of the order by the Customer.
2. Technical accessibility
The Customer personally supports the setting up of the IT and telecommunications resources allowing access to byjo.fr.
The Customer is responsible for the telecommunications costs when accessing the internet and using byjo.fr. GUEBERT cannot be held responsible in the event of failure of the Customer's internet connection and the resulting difficulty in accessing byjo.fr.
3. Product characteristics and availability
The products offered for sale are described as meticulously as possible. If omissions may have occurred, GUEBERT cannot be held liable. The photographs, graphics and descriptions of the products offered for sale do not enter into the contractual framework.
The prices, products, and characteristics relating to these products, sold on byjo.fr may be subject to change without prior notification. Consumers are advised to check prices and products before ordering.
The Customer can purchase a product within the limits of available stocks. During the validation of the order, there may be a difference between the computer available stock and the physically available stock. The sale is conditional on the stock of products. GUEBERT remains the owner of the products until their complete collection in accordance with article 11.
Provisions specific to pre-order: Pre-order means the possibility for the Customer to reserve certain products on byjo.fr before their release date. When the Customer purchases in pre-order, the product is not yet made.
4. Order procedure
Before placing an order, the Customer is invited to carefully read the general conditions of sale and to read the article on the terms of return and reimbursement, see article 9, then to keep a copy of his order.
The Customer can add products to the virtual basket at any time by clicking on "Add to basket" and consult his basket by clicking on "Basket".
By clicking on "Order", the ordering process begins.
To place an order, the Customer must complete the online order form by entering their information accurately so that the order can be processed and the contract concluded. The data provided by the Customer is used for recording, processing, delivery and invoicing of his order. The collection and processing of his personal data by GUEBERT is carried out in accordance with article 13. The Customer can also create an account by providing the requested information. If the Customer already has a customer account, he is invited to connect to his account to proceed with the purchase.
The Customer must validate the delivery method and his delivery information, namely last name, first name, delivery address, country, and optionally, telephone. The delivery address can be used as the billing address or a new billing address can be entered.
Once the ordering process has been completed and these general conditions of sale have been accepted, the Customer can proceed to payment.
For pre-orders, the Customer authorizes GUEBERT to proceed during the order to the debit of the bank account and to be delivered once production has been carried out.
Once the order has been validated and paid, the Customer receives a summary of his order by e-mail.
GUEBERT reserves the right not to accept an order from a Customer whom it considers to have violated these general conditions of sale or with whom it is in dispute.
5. Prices, delivery charges, customs charges and taxes
The selling prices of the products are expressed in EUROS, all taxes included, excluding customs fees.
The products are invoiced according to the prices displayed on byjo.fr when the order is placed, subject to availability.
All orders are payable in EUROS and must be paid when placing the order by the Customer. If a product was not available, only the products and transport costs associated with the products will be debited.
Outside the European Union, customs fees and all other taxes are the responsibility of the Customer. The Customer undertakes to pay, where applicable, in addition to the price indicated in the order and in the order confirmation, customs duties and other applicable local fees, charges and taxes, in accordance with the legislation in force in the country where the product will be delivered.
GUEBERT is not held responsible for costs, taxes, actions and delays of customs, where it has no control.
GUEBERT reserves the right to modify its selling prices at any time. However, these modifications will not impact the Customer who has already received an order confirmation with a price.
Payments are accepted by credit card, debit card, PayPal, Apple Pay or Google Pay. The following payment cards are accepted among others: VISA®, MASTERCARD®, Carte Bleue®, AMERICAN EXPRESS®, Maestro®.
When a payment is made via PayPal, an automatic redirect will be made to the PayPal platform. The Customer will then be able to create a PayPal account in the event that he does not have one. Once the order has been paid for on PayPal, the Customer will be redirected to the byjo.fr confirmation page.
By clicking on "Authorize payment", the Customer confirms that he is the owner or the holder of the payment card. Payment cards are subject to validation checks and authorization by the payment card issuer. If the issuer of the payment card does not authorize payment, GUEBERT cannot be held responsible for any delay or non-delivery.
7. Delivery and acceptance of products
Orders are delivered to the Customer's home, or to the address of the Customer's choice.
Orders are delivered within an estimated time that GUEBERT will communicate to you when ordering and will confirm it when the order is dispatched. This is only an estimated time frame. If the estimated deadline is exceeded, GUEBERT cannot be held responsible for the delay, and this cannot be the subject of an order cancellation, a price reduction and payment of damages.
The delivery time of an order made in pre-order depends on the manufacturing time of the products and does not fall within the standard delivery time.
8. Delivery problems
The Customer must check the conformity of the package, if possible at the time of delivery and express on the delivery note handwritten reservations and sign them, if it turns out that the package arrived visibly very damaged or disemboweled for example.
9. Terms of return and refund
The products purchased on byjo.fr are carefully made so that the Customer is fully satisfied with his order. However, if the Customer is not completely satisfied, GUEBERT has a return policy of 14 (fourteen) days from the date of delivery of the order. The Customer then has 14 working days to return his order.
Complaints must be submitted within 14 working days from the date of delivery. To express his wish for withdrawal, the Customer must contact GUEBERT at the address email@example.com in order to organize the return of his parcel.
For the return to be accepted by customer service, the product (s) must be returned in their original condition (packaging, accessories, label still attached, unwashed product) and in perfect condition.
Subject to compliance with the conditions described above, the Customer will be reimbursed after receipt and control of the return by GUEBERT customer service.
GUEBERT is not held responsible in the event of loss, theft or damage to the package when the Customer's identification and proof of return cannot be provided.
10. Retention of title
The products ordered remain the property of GUEBERT until their complete collection by GUEBERT.
Once the products have been delivered to the delivery address indicated when ordering, the Customer is responsible for the risks, in particular of loss, theft or damage to the products.
Under no circumstances can GUEBERT be held liable in the event of non-performance or improper performance of contractual services attributable to the Customer, in particular when entering the order, or for any damage which does not result from a breach by GUEBERT. to one of its obligations.
GUEBERT cannot be held responsible, or considered to have failed these general conditions of sale, for any delay or non-performance, when the cause of the delay or non-performance is related to a case of force majeure as defined by the case law of French courts and tribunals.
12. Personal data
All the terms relating to the protection of personal data used in the contracts concluded between GUEBERT and the Customers of the Platform must be interpreted in accordance with the regulations in force applicable to the processing of personal data and, in particular, to Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 repealing Directive 95/46 / EC (hereinafter the “European Regulation” or “GDPR”).
Any personal data of the Customer likely to be collected in the context of the use of the Platform is processed and stored in accordance with the aforementioned regulations. GUEBERT undertakes to respect these regulations.
12.1 Personal data processing operations carried out in the name and on behalf of GUEBERT
- The legal bases for the processing of personal data collected
- The types of personal data collected
- The retention period of the personal data collected
- The purposes of the processing of personal data collected, in particular for advertising purposes
- Personal data shared by GUEBERT with its partners and transfers outside the EEA made
- The rights of individuals and the methods of exercise
12.2 Personal data processing operations carried out on behalf of Customers
It is recalled that the byjo.fr Platform is intended to be a tool and a communication link used by professionals. GUEBERT makes a Platform available to Customers and is not intended to replace the status of Data Controller for Customers with regard to the personal data they process via the Platform for which they remain owners and responsible and for which they are bound by their own obligations.
As part of the execution of contracts signed between Customers and GUEBERT, it is therefore specified in particular that with regard to the services provided by the byjo.fr Platform, GUEBERT is required to carry out operations on behalf of the Customer. processing of personal data. For any processing operation carried out by GUEBERT on behalf of the Client, the Parties agree that GUEBERT will have the quality of subcontractor and the Client will have the quality of data controller within the meaning of the European Regulation.
All personal data processed by GUEBERT on behalf of the Client are and remain the exclusive property of the Client who retains full control of his personal data. GUEBERT is authorized to carry out processing operations for the sole purpose of executing this Contract and this, in accordance with the framework of use defined in this contract.
14. Applicable right
These general conditions of sale are governed and interpreted in accordance with French law.
In the event of a dispute or dispute between the Parties concerning the interpretation, execution or termination of these general conditions of sale, and the resulting services, the Parties undertake to attempt to settle the disputes amicably. . The Customer has the option of contacting customer service by e-mail at serviceaprèsvente@byjo.fr and / or by phone.In the absence of an amicable settlement of the dispute, express jurisdiction is assigned to the competent courts in respect of disputes between professionals and consumers.