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.

Warning: Before purchasing any products on the website, we ask that you take note of the usage guidelines and precautions specific 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, as well as access to and use of the site jollymama.com (hereinafter "the Site"), shall be governed exclusively by: – these General Terms and Conditions of Sale, to the exclusion of all other conditions, and which shall prevail over any other document; – applicable laws and/or regulations.

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

Purchasing a Product on the Seller's site implies that the Buyer is aware of and accepts without reservation the General Terms and Conditions of Sale in force on the date of the order, which are stored and reproduced by the Seller.

The Seller reserves the right to modify its General Terms and Conditions of Sale at any time. In the event of modification, the applicable General Terms and Conditions of Sale are those in force on the date of the Buyer's order, a dated copy of which may be provided to them 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 construed as a waiver by the Seller of the rights arising from that clause.

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

Article 2. Definitions

Seller means the simplified joint-stock company CAZERA with 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 means any natural person wishing to make a purchase on the Site. 2.3. Product means any product offered on the Site, subject to available stock. Photographs cannot guarantee a perfect likeness to the product offered. 2.4. Site means 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. The site is accessible at the following address: https://jollymama.com. 2.5. Internet means the various networks of servers located in different places around the world, interconnected by means of communication networks, and communicating using a specific protocol known as TCP/IP.

Article 3. Prices

The prices of Products offered for sale on the Site are indicated 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 introduced or amended, whether upwards or downwards, such change may be reflected in the selling price of the Products on the Site.

In the event of delivery to a country outside metropolitan France, the Buyer will be considered the importer of the Product, and customs duties or local taxes or 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 Site 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 Product availability.

The Seller undertakes to check regularly that all prices displayed on the Site 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 to reconfirm the purchase of the Product at the correct price or to cancel 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 may browse the Site and order Products available for sale on the Site, subject to availability.

Article 5. Validity and validation

Any order of Products on the Site by the Buyer implies the Buyer's and the Seller's full and unreserved acceptance 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 the order.

Order confirmation constitutes a sale and the Buyer's acceptance of these general terms and conditions. The Seller reminds the Customer that the specific product information regarding dosage 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 invited, upon becoming aware of such use, to contact the Seller's customer service as soon as possible.

It is expressly agreed that, unless there is a manifest error on the part of the Seller, the data stored in the Seller's computer systems under reasonable security conditions shall constitute evidence of the orders placed by the Buyer. Data held on computer or electronic media constitutes valid evidence and, as such, is admissible under the same conditions and with the same evidential weight as any document established, received, or kept in writing.

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

Article 6. Payment

The Buyer must pay for their online purchases at the time of the order: – Either by bank card (Carte Bleue, e-Carte Bleue, Visa, Eurocard, Mastercard). Payment for Products on the Site 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 likewise immediately transferred from the Seller to the Buyer at that point.

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 e-mail confirming that their order has been successfully processed. The Customer will be kept informed of the different stages of their Order by e-mail.

Dispatches are announced by e-mail to the Customer, at the e-mail address registered by the Customer on their customer account.

The Customer is offered several delivery methods of their choosing: – standard home delivery is chargeable, – collection-point delivery is chargeable.

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

– The Customer is informed that it is their responsibility to provide all 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 impossibility of delivery 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 not choose a redelivery option, no claim may be made against the Seller.

– If, upon delivery, a product is damaged or the wrong 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 the Seller has responded. 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 their parcel from the Relais Colis collection point within the allotted time, despite notifications and reminders having been duly sent, the Customer may make no claim against the Seller and shall 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 temporary or permanent unavailability of the selected collection point (closure, saturation, logistical issue, etc.), the carrier may deliver the parcel to another collection point situated near the one originally chosen. This redirection does not constitute a non-conformity of delivery. Accordingly, no claim or request for compensation may be accepted on these grounds, provided the new collection point is within a reasonable distance of the originally selected one. The Customer will be informed of this change by notification (e-mail or SMS) sent 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 can be made.

The Seller undertakes to make every reasonable effort to deliver the Products ordered by the Customer as promptly as possible, with delivery times given as an indication only. However, if the ordered products have not been delivered within thirty (30) days of the date the Order was placed, for any reason other than force majeure or an act of the Customer, 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. Any sums paid by the Customer will then be refunded no later than fourteen (14) days following the date of termination of the contract, with no indemnity or deduction of any kind.

Article 9. Termination

A Product order cannot be cancelled by the buyer.

Article 10. Right of 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 penalties.

Exercise of the right of withdrawal

The Buyer must inform 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 the communication of the withdrawal decision. Damaged, soiled or incomplete products will not be accepted for return.

If the Products are not returned within the fourteen (14) day period, the Order shall be deemed final and no refund may be issued.

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 automatic return of a parcel not collected from a collection point or 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 return, the Buyer bears sole responsibility and cannot be refunded.

Unclaimed parcel without withdrawal request

In the absence of express exercise of the right of withdrawal by the Customer 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 that have been unsealed by the Customer after delivery, are incomplete, and cannot be returned for reasons of hygiene or health protection.

Article 11. Subscription

 

Article 12. Guarantees

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

Article 12.1. Guarantee against hidden defects

The Products offered on the Site are subject to the guarantee 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 liable for any hidden defects in the item sold that render it unfit for its intended purpose, or that so diminish that purpose that the Buyer would not have purchased it, or would only have paid a lower price, 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 Site 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 lack of conformity existing at the time of delivery.

It is also liable for any lack of conformity resulting from packaging, assembly instructions, or installation where the latter has been made its responsibility under the contract or has been carried out under its responsibility."

The action resulting from a lack of conformity is subject to a limitation period of two years from delivery of the Product.

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

Article 13. Customer account

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

The Buyer may create an account using their Shop application account.

All data collected during the creation of the customer account 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 support.

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 sales opt-out list at www.bloctel.gouv.fr.

Article 15. Cookies

When browsing the Site, the Buyer is required to consent to the use of cookies by the Seller.

These are files that track the Buyer's journey on the Site.

In general, cookies record information relating to computers browsing the Site (pages visited, date and time of visit, etc.), information that may be read during the Buyer's subsequent visits to the Site (the Seller's system for recognising the Buyer on the Site) 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 configuring 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 in the "Privacy" section, click on "Content settings" and select 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 select 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 configuration instructions.

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

Article 16. Intellectual property

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

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

The reproduction of any page or content of the 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 purpose of personal and private information use; any reproduction and use of copies made for other purposes is expressly prohibited by the Seller.

It is prohibited to use the 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 otherwise attempt to discover the source code (except as permitted by law), sell, assign, sublicense, or transfer in any way any rights relating to the Site.

It is furthermore prohibited to modify the Site or to use modified versions of the Site, in particular (without this list being exhaustive) for the purpose of obtaining unauthorised access to the Site or of accessing the Site by any means other than 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 law.

Any Buyer who operates a personal website and wishes to place, for personal use, a simple link on their site redirecting directly to the Seller's site must obtain prior written authorisation from the Seller, who reserves the right to refuse without giving any specific reason.

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

Article 17. Liability

Products comply with current French legislation. The Seller cannot be held liable 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 Site, on each order and on the Products themselves, the Seller cannot be held liable for any intolerances or allergies the Buyer may have.

The Seller's liability may not be engaged for any inconvenience or damage inherent in the use of the Internet, including service interruption, external intrusion, or the presence of computer viruses. The same applies to any hypertext links that may be present on the Site.

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

Article 18. Force majeure

In the event of a force majeure event or fortuitous occurrence attributable to the other party or to a third party, or to external causes such as industrial disputes, intervention by civil or military authorities, natural disasters, fires, water damage, interruption of telecommunications or electricity networks — this list not being exhaustive — the liability of the Buyer or the Seller may not be sought 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 Civil Code.

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

Article 20. Disputes

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).

If the complaint submitted to customer service is unsuccessful, or if no response is received within two months, the Buyer may refer the dispute with the Seller to the FEVAD E-COMMERCE MEDIATION SERVICE (http://www.mediateurfevad.fr/), which will attempt, in full independence and impartiality, to bring the parties together with a view to reaching a resolution.

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.

In the absence of an amicable agreement, the competent court for resolving the dispute shall be that of the defendant's place of domicile or that of the place of effective delivery of the Product.

These General Terms and Conditions of Sale are written in French. These General Terms and Conditions of Sale are therefore subject to French law.

Article 21. Duration

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

Article 22. Registered address

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

Article 23. Nullity

Should any clause of these General Terms and Conditions of Sale prove void in light of a rule of law in force or a final judicial decision, it shall be deemed unwritten, without thereby rendering the remainder of the General Terms and Conditions of Sale void or affecting the validity of its other provisions.