Terms of sale

 

Our general terms and conditions of sale

Preamble

Our general terms and conditions of sale are governed by Article 19 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, and by Article L.221-5 of the French Consumer Code.

Important notice: Before purchasing any products on the website, please take the time to read the usage guidance and precautions applicable to each product.

Article 1. Purpose

The Seller's activities include in particular the production and online sale of natural and organic food products aimed at a targeted audience (hereinafter "the Product").

The Buyer and the Seller agree that their relationship and the access to and use of the website jollymama.com (hereinafter "the Website") shall be governed exclusively by: – these General Terms and Conditions of Sale, to the exclusion of all other terms, and which shall take precedence over any other document; – applicable laws and/or regulations.

The General Terms and Conditions of Sale and the Legal Notice of the Website are made available to consumers on the Seller's Website, where they can be consulted directly.

The purchase of a Product on the Seller's website implies knowledge and unreserved acceptance by the Buyer of these General Terms and Conditions of Sale in force on the date of the order, the preservation and reproduction of which are ensured by the Seller.

The Seller reserves the right to modify its General Terms and Conditions of Sale at any time. In the event of any modification, the applicable General Terms and Conditions of Sale are those in force at the date of the Buyer's order, a dated copy of which may be provided to the Buyer upon request.

The fact that the Seller does not invoke the application of any clause of the General Terms and Conditions of Sale shall not be interpreted as a waiver by the Seller of the rights arising for them from that clause.

These General Terms and Conditions of Sale were last updated on 18 November 2018. This edition supersedes and replaces all previous versions.

Article 2. Definitions

Seller refers to the simplified joint-stock company CAZERA with a share capital of €59,500, registered in the Paris Trade and Companies Register under number 841 372 212, with its registered office at 9 rue des Colonnes, 75002 Paris, and VAT number FR 11 841 372 212. 2.2. Buyer refers to any individual wishing to make a purchase on the Site. 2.3. Product refers to any product offered on the Site, subject to available stock. Photographs cannot guarantee a perfect likeness to the product offered. 2.4. Site refers to the infrastructure developed by the Seller in computer formats usable on the Internet, comprising data of various kinds, including texts, sounds, still or animated images, videos, and databases, intended to be consulted by the Buyer to learn about its products and services and, where applicable, to make a purchase thereof. The site is accessible at the following address https://jollymama.com. 2.5. Internet refers to various networks of servers located in different places around the world, connected to one another via communication networks, and communicating using a specific protocol known as TCP/IP.

Article 3. Prices

The prices of Products offered for sale on the Website are shown in euros inclusive of all taxes (VAT and other taxes applicable on the date of the order), unless otherwise stated and excluding delivery charges.

All orders are payable in euros (€).

Any change in the applicable VAT rate or exchange rate may be reflected in the prices of the Products.

Likewise, if one or more taxes or levies are created or modified, whether upwards or downwards, such changes may be reflected in the sale price of the Products available on the Website.

In the event of delivery to a country outside metropolitan France, the Buyer will be considered the importer of the Product, and customs duties, local taxes, import duties or state taxes may be charged. Such duties or taxes are the sole responsibility of the Buyer, both in terms of declarations and payments to the relevant authorities and bodies.

The Seller reserves the right to modify the prices of Products offered for sale on the Website at any time. The Product will be invoiced by the Seller to the Buyer on the basis of the price in force at the time the order is confirmed, subject to the availability of the Product.

The Seller undertakes to check regularly that all prices shown on the Website are correct, without however being able to guarantee the complete absence of errors. In the event of an error, the Buyer will have the option of reconfirming the purchase of the Product at the correct price or of cancelling the order. In the event that the Seller is unable to contact the Buyer, the order will be cancelled automatically.

Article 4. Order

The Buyer has the option of browsing the Website and ordering Products offered for sale on the Website, subject to their availability.

Article 5. Validity and confirmation

Any order of Products on the Site by the Buyer implies the full and unreserved acceptance by the Buyer and the Seller of these General Terms and Conditions of Sale, without exception or reservation.

A summary of the Product order is sent by the Seller to the Buyer at the e-mail address provided on the Buyer's identification form at the time of ordering.

Order confirmation constitutes a sale and acceptance by the Buyer of these general terms and conditions. The Seller reminds the Customer that the product-specific information regarding usage and contraindications is indicated on each product page.

The recorded confirmation of the product order and all data transmitted at the time of the order constitute proof of the transaction in accordance with the provisions of Law No. 2000-230 of 13 March 2000 adapting the law of evidence to information technologies and relating to electronic signatures, and constitute enforceability of the sums committed by the order.

However, in the event of fraudulent use of their bank card, the Buyer is advised, upon becoming aware of such use, to contact the Seller's customer service as soon as possible.

It is expressly agreed that, except in the event of manifest error on the part of the Seller, data stored in the Seller's computer systems under reasonable security conditions shall have evidential value with regard to orders placed by the Buyer. Data stored on computer or electronic media constitute valid evidence and, as such, are admissible under the same conditions and with the same evidential value as any document drawn up, received or kept in writing.

The Seller reserves the right to refuse any order if the quantities of products ordered are abnormally high for Buyers acting as consumers.

Article 6. Payment

The Buyer must pay for their online purchases at the time of ordering: – either by bank card (Carte Bleue, e-carte bleue, Visa, Eurocard, Mastercard). Payment for Product purchases on the Website is processed via STRIPE or PAYPLUG, a highly secure payment infrastructure – or via PayPal — or via ALMA.

Article 7. Transfer of ownership

Products remain the sole property of the Seller until full payment of the price by the Buyer.

Transfer of ownership of the Product takes place upon physical transfer of the Product to the Buyer; the risks of loss or damage to the products are then also immediately transferred from the Seller to the Buyer.

Article 8. Delivery

Products are delivered exclusively to EU countries and Switzerland. Accordingly, the Seller will refuse any delivery outside EU countries or Switzerland. 

The Customer will receive an Order number by email confirming that it has been successfully processed. The Customer will be kept informed of the various stages of their Order by email.

Shipments are notified to the Customer by e-mail, to the e-mail address provided by the Customer on their customer account.

The Customer is offered several delivery methods chosen by the Customer: – standard home delivery is subject to a charge, – collection point delivery is subject to a charge.

Using the tracking number, the Customer can follow the progress of their parcel on the carrier's website.

– The Customer is informed that it is their responsibility to provide all the details necessary for the correct routing of their Order and for successful delivery (access code, access specifications, for example). The Customer bears full and sole responsibility for the risks associated with the inability to deliver due to incorrect or imprecise information.

– If the Customer is absent at the time of delivery, a delivery notice informs the Customer of the arrangements for keeping their parcel and making it available for collection. If using DPD, should the Customer fail to select a redelivery option, they will have no recourse against the Seller.

– If, upon delivery, a product is damaged or an incorrect product has been delivered, the Customer must notify us within 48 hours by email at contact@jollymama.com with photographs, including in particular a photograph of the box showing the carrier's delivery label. The Customer must keep the parcel and its packaging until they hear back from the Seller. The Seller will offer a replacement or a credit note for the value of the damaged or missing product(s). 

– If the customer does not collect the parcel from the Relais Colis collection point within the allotted time, despite notifications and reminders having been duly sent, the Customer will have no recourse against the Seller and will not be entitled to a refund.

- In the event of delivery to a collection point: When placing the order, the Customer selects a collection point from those offered by the carrier.
In the event of the temporary or permanent unavailability of the selected collection point (closure, saturation, logistical issue, etc.), the carrier may deliver the parcel to another collection point located near the one originally chosen. This redirection does not constitute a non-conformity of the delivery. Consequently, no claim or request for compensation may be accepted on these grounds, provided that the new collection point is within a reasonable distance of the originally selected collection point. The Customer will be informed of this change by notification (email or SMS) issued by the carrier. It is the Customer's responsibility to collect their parcel within the allotted time.

In the event of non-receipt of the parcel, the Customer has three weeks from the date the order was placed to submit a claim. Once this period has passed, no claim will be accepted.

The Seller undertakes to make every effort to deliver the Products ordered by the Customer as promptly as possible, delivery times being given as an indication only. However, if the products ordered have not been delivered within thirty (30) days of the order being placed, for any reason other than force majeure or the Customer's own actions, the sale may be cancelled at the Customer's written request under the conditions set out in Articles L. 216-2, L. 216-3 and L. 241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to them no later than fourteen (14) days following the date of termination of the contract, with no compensation or deduction of any kind.

Article 9. Resolution

The order for Products cannot be cancelled by the Buyer.

Article 10. Withdrawal

In accordance with Article L221-18 of the French Consumer Code, the Buyer has a period of fourteen (14) days from receipt of the Products to exercise their right of withdrawal, without having to give reasons or incur any penalty.

Exercising the right of withdrawal

The Buyer must notify the Seller of their decision to withdraw before the expiry of the aforementioned period, by email at contact@jollymama.com.

Return of Products

Products must be returned in perfect condition, in their original packaging, complete, accompanied by a copy of the invoice or delivery note, within a maximum period of fourteen (14) days following communication of the decision to withdraw. Damaged, soiled or incomplete products will not be accepted for return.

In the absence of return of the Products within fourteen (14) days, the Order shall be deemed final and no refund shall be made.

Return costs

In accordance with Article L221-23 of the French Consumer Code, the direct costs of return are borne by the Buyer.

In the event of the automatic return of a parcel that was not collected from a collection point or was refused upon delivery, the costs incurred for the return shipment will be deducted from the amount refunded.

If the parcel is lost or damaged by the carrier during this delivery, the Buyer bears sole responsibility and will not be entitled to a refund.

Uncollected parcel without a withdrawal request

In the absence of the Customer expressly exercising the right of withdrawal within the time limits provided by law (Article L221-21 of the French Consumer Code), no refund will be issued, even in the event of automatic return of an uncollected parcel. 

Refund

In accordance with Article L221-24 of the French Consumer Code, the Seller will refund the full amount paid, including standard delivery costs (i.e. the least expensive option offered), within a maximum period of fourteen (14) days from receipt of the withdrawal request or, where applicable, from receipt of the returned Products.

Exceptions

In accordance with Article L221-28 of the French Consumer Code, the right of withdrawal does not apply to Products unsealed by the Customer after delivery, which are incomplete and cannot be returned for reasons of hygiene or health protection.

Article 11. Subscription

 

Article 12. Warranties

All Products offered for order by the Seller on the Website benefit from the statutory guarantee of conformity and the warranty against hidden defects.

Article 12.1. Warranty against hidden defects

The Products offered on the Website are subject to the warranty against hidden defects set out in Articles 1641 et seq. of the French Civil Code:

Article 1641 of the French Civil Code:

« The Seller is bound by the warranty in respect of hidden defects in the item sold which render it unfit for the purpose for which it was intended, or which so diminish that use that the Buyer would not have purchased it, or would only have paid a lesser price for it, had they been aware of them. »

Any action arising from hidden defects must be brought within two years of the discovery of the defect.

Article 12.2. Statutory guarantee of conformity

The Products offered on the Website are subject to the statutory guarantee of conformity provided for in Articles L.217-4 et seq. of the French Consumer Code:

Article L.217-4 of the French Consumer Code:

« The Seller delivers goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery.

The Seller is also liable for defects in conformity resulting from packaging, assembly instructions or installation where this has been made the Seller's responsibility under the contract or has been carried out under the Seller's responsibility. »

Any action arising from a lack of conformity shall be time-barred after a period of two years from the date of delivery of the Product.

The statutory guarantee of conformity applies independently of any commercial warranty.

Article 13. Customer account

The Buyer may, if they wish, create a customer account giving them access to a range of benefits: faster ordering, saving multiple addresses, tracking orders and enjoying loyalty rewards…

The Buyer has the option of creating an account using their Shop application account.

All data collected at the time of customer account creation is processed in accordance with Article 14.

If the account becomes inaccessible to its holder, the latter may report this to the Seller's services by contacting customer service.

Article 14. Personal data

For any information regarding the processing of your personal data, please consult our Privacy Policy.

The Seller reminds the Customer of their right to register on the telephone cold-calling opt-out list at www.bloctel.gouv.fr.

Article 15. Cookies

When browsing the Website, the Buyer is asked to consent to the use of cookies by the Seller.

These are files that enable the Buyer's journey on the Website to be tracked.

In general, they record information relating to the browsing of computers on the Website (pages visited, date and time of visit, etc.), information that may be read during the Buyer's subsequent visits to the Website (a system by which the Seller recognises the Buyer on the Website) with data transmission — and which will be transmitted to the Seller.

Cookies are automatically deleted from the Buyer's computer within a maximum period of 13 months.

The user may at any time choose to block or disable these cookies by adjusting the settings of the internet browser on their computer, tablet or mobile device, in accordance with the instructions provided by their internet browser supplier and available on the websites mentioned below.

On Google Chrome: Open the settings menu, then select "Settings"; click on "Advanced settings", then under the "Privacy" section, click on "Content settings" and choose the desired options, or follow this link: https://support.google.com/chrome/answer/95647?hl=fr

On Mozilla Firefox: Open the "Tools" menu, then select "Options"; click on the "Privacy" tab and choose the desired options, or follow this link: https://support.mozilla.org/fr/kb/protection-renforcee-contre-pistage-firefox-ordinateur?redirectslug=activer-desactiver-cookies&redirectlocale=fr

On Safari: Choose "Safari"> "Preferences", then click "Privacy" and select the desired options, or follow this link: https://support.apple.com/fr-ch/guide/safari/sfri11471/mac

On Microsoft Internet Explorer or Edge: Open the "Tools" menu, then select "Internet Options"; click on the "Privacy" tab then the "Advanced" tab, or follow this link: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies

On iOS: Open the "Settings" menu, then select "Safari" then "Advanced", or follow this link: https://support.apple.com/fr-fr/105082

The user may also type "cookies" in the "help" section of their browser to access the settings instructions.

JOLLY MAMA is in no way liable in any capacity for the content or operation of any social network, including those that may be linked to the Website.

Article 16. Intellectual Property

All elements of the Website, whether visual or audio, including software and all intellectual property rights such as trademarks, service marks, trade dress and copyrights are and remain the exclusive property of the Seller.

Unless otherwise stated, the intellectual property rights in the documents contained on the Website and each of the elements created for the Website are the exclusive property of the Seller, who grants no licence or any other right than the right to consult the Website and to place orders for Products.

Reproduction of any page or content of the said Site by the Buyer or any third party is subject to prior written authorisation from the Seller.

Reproduction of any documents published on the Site is authorised solely for the exclusive purpose of personal and private information; any reproduction and any use of copies made for other purposes is expressly prohibited by the Seller.

It is prohibited to use trademarks, images or any other element over which the Seller holds intellectual property rights.

It is also prohibited to copy, modify, create a derivative work, reverse engineer or disassemble, or in any other way attempt to find the source code (except as permitted by law), sell, assign, sub-licence or transfer in any way whatsoever any rights relating to the Website.

It is also prohibited to modify the Website or to use modified versions of the Website, including in particular (without this list being exhaustive) with a view to obtaining unauthorised access to the Website or accessing the Website by any means other than through the interface provided to the Buyer by the Seller for that purpose.

The Site, as well as any software necessarily used in connection with it, may contain confidential information protected by applicable intellectual property law or any other applicable legislation.

A Buyer who has a personal website and wishes to place, for personal use, a simple link on their site directing to the Seller's website must obtain prior written authorisation from the Seller, who reserves the right to refuse without giving specific reasons.

In all cases, any unauthorised link must be removed upon simple request from the Seller.

Article 17. Liability

The Products comply with French legislation in force. The Seller's liability cannot be engaged in the event of non-compliance with the legislation of a third country to which the Product is delivered. It is the Buyer's responsibility to check with the local authorities regarding the possibilities of importing or using pre-ordered or ordered products.

As the nutritional composition of each Product is clearly set out on the Website, on each order, and on the Products themselves, the Seller cannot be held liable for any intolerances or allergies affecting the Buyer.

The Seller's liability cannot be engaged for any inconveniences or damages inherent in the use of the Internet, in particular a service interruption, an external intrusion or the presence of computer viruses. The same applies to any potential hypertext links present on the Website.

Finally, the Seller's liability cannot be engaged in the event that the non-performance of its obligations is attributable to the unforeseeable and insurmountable act of a third party to the contract, to a case of force majeure as defined by French case law, or to the actions of the Buyer (Article L. 221-15 of the French Consumer Code).

Article 18. Force majeure

In the event of force majeure or an unforeseen circumstance, arising from the other party or a third party, or from external causes such as industrial disputes, intervention by civil or military authorities, natural disasters, fires, water damage, interruption of telecommunications or electrical networks — this list not being exhaustive — the liability of the Buyer or the Seller shall not be engaged if performance of the contract is delayed or prevented.

Article 19. Archiving and evidence

The Seller archives order forms and invoices on a reliable and durable medium constituting a faithful copy, in accordance with the provisions of Article 1360 of the French Civil Code.

The Seller's computerised records will be considered by all parties concerned as proof of the communications, orders, payments and transactions that have taken place between the parties.

Article 20. Dispute

In the event of a dispute, the Buyer must contact the Seller's customer service in the first instance by e-mail (contact@jollymama.com)

or by post (9 rue des Colonnes, 75002 Paris).

In the event that a complaint to the customer service team is unsuccessful, or if no response is received within two months, the Buyer may submit the dispute with the Seller to the E-COMMERCE MEDIATION SERVICE OF FEVAD (http://www.mediateurfevad.fr/), which will endeavour, in full independence and impartiality, to bring the parties together with a view to reaching a solution.

The Buyer and the Seller remain free to accept or refuse recourse to mediation for the resolution of a dispute, as well as to accept or refuse the solution proposed by the mediator.

Failing an amicable agreement, the competent court to resolve the dispute is that of the defendant's place of domicile or the place of actual delivery of the Product.

These General Terms and Conditions of Sale are written in French. These General Terms and Conditions of Sale are therefore governed by French law.

Article 21. Duration

These terms and conditions apply for the entire duration that the Products offered for sale by the Seller are available online.

Article 22. Domicile

The parties elect domicile at the addresses indicated on the order form for the Buyer and at the address shown on the website for the Seller.

Article 23. Nullity

If any provision of these General Terms and Conditions of Sale is found to be void under an applicable rule of law or a final judicial decision, it shall be deemed unwritten, without this entailing the nullity of the General Terms and Conditions of Sale as a whole or affecting the validity of its other provisions.