General conditions of sale and use

 

Preamble

 

The website "jimmyfairly.com" provides Internet users with a presentation of Jimmy Fairly's business, specializing in the sale of frames and corrective glasses.

 

Access to the site https://www.jimmyfairly.com (hereinafter referred to as "jimmyfairly.com"), its consultation and its use are subordinated to the unreserved acceptance of these Terms of Use. These conditions are concluded between, on the one hand, JIMMY FAIRLY and on the other hand, those wishing to make a purchase via the website of Jimmy Fairly (www.jimmyfairly.com), hereinafter referred to as "client".

 

1. Legal notice and scope

This site "Jimmyfairly.com" is published and hosted by Jimmy Fairly, SAS in the capital of 40,182 euros, having its head office at 23, rue du Mail, 75002 Paris, registered at the RCS of Paris under number 530 422 427, whose intra-Community VAT number is FR44530422427.

 

The phone number is: 01.73.50.31.75

The email address is: contact@jimmyfairly.com

 

The director of publication of "jimmyfairly.com" is Mr. Antonin Chartier, President of Jimmy Fairly.

 

 

  1. Acceptance of general conditions

    These general conditions of sale have the object, on the one hand, to inform any customer on the conditions and modalities in which Jimmy Fairly proceeds to the sale and delivery of the ordered products and, else part, to define the rights and obligations of the parties as part of the sale by Jimmy Fairly.

    The acceptance of the CGVs in the form of a Click occurs during any account creation and / or order on the site and constitutes the evidence that the customer has taken note of the said provisions. In order for its order, the customer declares that he has read the present terms and conditions and accepted the rights and obligations.


No order is possible without this agreement. The click is the electronic formulation of the "yes" or acceptance.

 

The acceptance of these Terms and Conditions supposes on the part of the Internet users whether they are major and enjoy the necessary legal capacity for this, or failing that they have the authorization of a guardian or a curator. They are incapable.

 

The customer has the ability to save and print the CGVs using the standard features of his browser or computer.

 

The CGVs apply to the exclusion of any other conditions, including those in effect for in-store sales.

 

  1. Modification of the current conditions in progress

 

Jimmy Fairly reserves the right to modify, freely and at any time the general conditions of use of "jimmyfairly.com".

 

Each user connecting to "jimmyfairly.com" is invited to regularly consult the terms and conditions of use in order to read any changes. The renewed use of the site as these general conditions of use progresses the acceptance by each user of the general conditions of use in force.

 

  1. Price and availability

 

4.1 Price

 

The selling prices of products online on the site Jimmyfairly.com, are indicated according to the currency of the country in euros or in pound sterling, all taxes included with the standard delivery charges.

(See Article 9 "Delivery")

 

Prices can be modified at any time by Jimmy Fairly, the prices displayed are only valid at the day of the order and do not affect the future.

 

Prices include value added tax (VAT) applicable to the day of order. Any changes in the applicable VAT rate will be automatically passed on to the price of products sold by Jimmy Fairly.

 

4.2 Availability

 

The products presented on the site "jimmyfairly.com", are valid as long as they are announced and within the limits of available stocks. The availability of products is indicated on the site.

In the event of a total or partial unavailability of products after passing the order, the buyer will be informed by e-mail as soon as possible from the unavailability of the product and the cancellation of his order.

 

In case of cancellation of the order:

 

The purchaser order will be refunded from the price or products not available as soon as possible and, at the latest, within thirty days from the notification of unavailability. The refund will be made by the same way as the buyer used to pay his order.

 

  1. Ordered

 

By passing a command of glasses equipped with corrective glasses on the site, the customer certies:

  • Being over 18 years old, or failing to have the authorization of a guardian or curator if they are incapable.
  • Being in possession of a valid medical prescription for glasses equipped with corrective glasses. This prescription, can be entered directly by the customer or transmitted as a prescription at Jimmy Fairly (to establish the order). As long as Jimmy Fairly has received the medical prescription, the delivery will be suspended.

 

 

In order to order, the customer will be able to select one or more products and add them to the basket. The selection process of eyeglasses breaks down into two additional steps and will be subject to a quotation as a summary:

 

  • Step 1 : Product Choice
  • 2nd step : Choice of glasses according to different possibilities (glasses without correction or unifocal), and different non-mandatory options (anti-scratches, anti-reflections, anti-dirt, etc.),
  • Step 3 : Information of the prescription (correction, pupillary gap etc.) according to different modalities. The client declares without limit or reserve to be informed that for lack of providing a medical order under the age of three, he can not benefit from the repayments of health insurance, under the usual conditions.
  • Step 4 : Validation of the basket (order interface in which the products selected by the buyer are found).
  • Step 5 : Coordinates and information on delivery
  • Step 6 : Choice of the type of delivery
  • Step 7 : Choice of payment method. (See Article 8: Payment)
  • Step 8 : Validation of the order by the click on the "Payment" button.
  • Step 9 : Receipt of a confirmation email within a maximum of 24 hours, edited by Jimmy Fairly
  • Step 10 : Reception of an email offering the creation of a personal space (see Article 7 "creation of a personal space")

Jimmy Fairly reserves the right to suspend or cancel any execution and / or delivery of an order, regardless of its nature and level of execution, in the event of a lack of payment or partial payment of any amount. which would be due by the customer to the company, in the event of a payment incident, or in case of fraud or attempted fraud relating to the use of the site and the payment of an order.

 

 

  1. Title retention clause

 

The products and articles remain the property of Jimmy Fairly until the full payment of their price, in accordance with this property retention clause. The risks are nevertheless transferred to the customer from their delivery.

 

  1. Creating a personal space

 

The creation of a personal space is optional when ordering a client, at www.jimmyfairly.com. However, it is strongly advised for the follow-up of the order, in particular in order to inform the information necessary for the personalization of its glasses and the generation of its invoice and its care sheet for its CPAM and if necessary its mutual or complementary Health. To this end, the customer will be invited to provide a number of personal information. The Customer undertakes to provide accurate information under penalty of the contract resolution at the initiative of the client account editor and deletion.

 

Some information is deemed essential for the conclusion of the contract and their collection is necessary for the provision of the Customization Service of the Glasses and the conclusion of the contract. The refusal by a member to provide such information will prevent the creation of the personal space as well as, incidentally, the validation of the order.

 

This space allows the customer to consult all his orders made on the site, and also allows them, if necessary, to follow the delivery of these.

 

If the data contained in the Personal Space section came to disappear as a result of a fortuitous event, a technical breakdown or a case of force majeure, the liability of the publisher of this site could not be initiated, these information with no probative value but only an informative character. The publisher, however, undertakes to securely maintain all contractual elements whose conservation is required by the law or the regulations in force.

 

The pages relating to personal spaces are freely printed by the account holder in question but do not constitute proof, they only have an informative nature to ensure effective management of his orders by the client.

 

When creating the personal space, the user is prompted to choose a password. This password constitutes the guarantee of the confidentiality of the information contained in its section "My Account" and the user is therefore intended to transmit or communicate it to a third party. Otherwise, the site can not be held responsible for unauthorized access to a user's account.

 

JIMMY FAIRLY reserves the exclusive right to delete any member who would have contravened these General Conditions (in particular but without this example of any exhaustive nature, when the member knowingly provided erroneous information. its registration and the constitution of its personal space) or any inactive account for at least one year. The said deletion will not be likely to constitute damage for the excluded member who can not claim any compensation thereof.

 

This exclusion is not exclusive of the possibility for Jimmy Fairly to undertake judicial prosecutions against the member, when the facts have justified it.

 

 

  1. Payment

 

The customer can order on the JimmyFairly.com website and can make a payment by credit card and PayPal. The customer warrants that he has the necessary authorizations to use the method of order he has chosen for his order.

 

8.1 Means of payment available: Bank cards

 

The credit cards accepted on the site Jimmyfairly.com are: Carte Bleue, Visa, American Express and MasterCard. These payment cards must be issued by a banking or financial institution located in the European Union or in Monaco.

 

8.2 Security in payment transactions

 

Bank card payments are made using secure transactions provided by the Stripe Provider. As part of credit card payments, Jimmy Fairly has no access to the user's payment methods. The payment is made directly in the hands of the banking institution.

 

In order to ensure the security of payment by credit card on the site Jimmyfairly.com, the customer will have to transmit to Jimmy Fairly the Visual Cryptogram (CVV) on the back of the credit card used by the customer.

 

  1. Delivery


The products ordered by the Customer in accordance with these CGVs will be delivered to the address indicated by the buyer as the delivery address on the order concerned ("Delivery Address").

 

JIMMY FAIRLY delivers all the countries of the European Union, excluding Croatia, Cyprus, Bulgaria, Switzerland and Liechtenstein and also delivers to Monaco.

 

Standard delivery charges are included in the price, indicated to the Customer before any settlement and only concern deliveries made in Corsican metropolitan France included, the United Kingdom and Germany.

For any other place of delivery, the delivery charges worth 20 euros, will be charged in addition to the price of the products purchased by the buyer.


In case of delivery of a parcel manifestly and visibly damaged, it is up to the customer to refuse it to enjoy the guarantee offered by the carrier. The customer will also have to inform the seller without delay, so that a new package will be prepared to him, then shipped upon receipt of the degraded parcel. In such cases, the delivery times indicated above in these terms and conditions will no longer be applicable.

 

The unavailability, even prolonged and without any limiting duration, of one or more products, can not be constitutive of injury for Internet users and may not give rise to the granting of damages on the part of the site or of his publisher.

 

9.1 Delivery times

 

The orders are delivered by TNT, within a maximum of 30 working days from the perfect price of the price corresponding to the counterparty by the seller, if it has all the elements to honor the order. See "Order" section.

 

Some products or certain volumes of order may nevertheless justify a superior delivery time, it will be made expressly for the consumer during the validation of the order.

 

9.2 Apparent vice

 

The customer undertakes to verify the compliance of the product on his order during delivery. Any delivery error compared to the apparent order or vice shall be the subject of a claim, within 7 days of delivery. After this period, the product will be deemed received by the customer, which will no longer be able to avail itself of a delivery error or an apparent vice.

 

9.3 damage and partial losses

 

In accordance with Article L 133-3 of the French Commercial Code, the receipt of the objects transported off any action against the carrier for damage or partial loss if within three days, not included on the holidays, which follow that of this reception, the recipient did not notify the carrier, by registered letter, his motivated protest.

Claims related to the transport of products will therefore have to be covered by the transport document and then confirmed to the carrier and the publisher by registered letter with request for receipt within three days from the receipt of products barely foreclosure of reserves and claims.

 

 

  1. Consumer Rights Provisions

 

10.1 Customer Service

 

The customer service of this site is accessible from Monday to Friday from 10am to 19h by email at the following address Wecare@jimmyfairly.com or by post at the following address: Jimmy Fairly, 23 rue du Mail, 75002 Paris. The publisher undertakes to provide a response within 5 working days.

 

10.2 Right of withdrawal

 

In accordance with Article L. 221-18 of the Consumer Code, the Buyer has a period of 14 days at the time of receipt of the package comprising the ordered products, to exercise his right of legal retraction without having to motivate his decision. The customer having made a purchase on the site Jimmyfairly.com will have a period of 30 days from the day of receipt of the package.

 

The client exercising his right of withdrawal under the conditions laid down in this section in terms of time and modalities for return of the products, may obtain a refund of his returned order, in accordance with Article L221-24 of the Consumer Code. The refund will be made according to the means of payment used for the initial transaction, unless expressly agreed by the customer for another refund.

In accordance with the provisions of Article L121-20-2 of the Consumer Code, the Customer may in any way claim the exercise of any right of withdrawal for the orders of all products that are clearly personalized or made according to their specifications (eg eyeglasses).

 

In order to exercise this right, the Customer will have to inform Jimmy Fairly of his willingness to retract by contacting the Jimmy Fairly Customer Service within 30 days of the order at the following address: Jimmy Fairly, 23 rue du Mail 75002 Paris or by email at the following address: WECARE@JIMMYFAIRLY.COM.

 

10.3 Delivery delay

 

Any delivery delay of more than thirty days may result in the resolution of the sale on the initiative of the consumer, on a simple written request from his part, sent by registered letter with request for receipt. The customer will then be reimbursed amounts initiated by him when ordering. This clause is not intended to apply if the delivery delay is due to a case of force majeure, independent of the will of Jimmy Fairly.

In such a case, the Customer undertakes not to exercise prosecution of the site and his publisher and renounces to avail himself of the resolution of the sale provided for in this article.

 

 

  1. Guarantee of products purchased on this site

 

All products sold on this site are marketed in accordance with the legislative and regulatory provisions in force and benefit from all the necessary approvals for their placement on the market. The mandatory displays required by the existing legislative and regulatory provisions will be made on this site, and in particular in the summary of the order and the descriptive sheet of each article

 

In the event of a product of a product purchased on this site, the clients have, in accordance with the provisions of the Civil Code on the legal guarantee of hidden defects, with a period of two years from the date of discovery of the vice for Request the exchange or reimbursement, and, pursuant to Article L211-5 of the Consumer Code they will have a period of two years from the receipt of the product to request the exchange or reimbursement , in the event that the delivered property is not in conformity, in the sense given to this word by the article mentioned above.

 

In order to exercise any of these rights, it is up to them to return the package to the headquarters of the company: SAS JIMMY FAIRLY, 23 rue du Mail, 75002 Paris, accompanied by an explanatory letter requesting either repayment or exchange. The shipping costs of the package, in the latter case only, will then be reimbursed to the customer by bank check or by transfer, within a maximum of thirty days.

 

The objects acquired on this site benefit, in addition to the guarantee of the hidden defects defined by the Civil Code as well as the guarantee of good compliance imposed by Article L211-5 of the Consumer Code, if any,. Applicable and which is defined above, a conventional guarantee offered by the seller, whose duration and modalities will be indicated on the specified specification in the form of a summary of the order and in the instructions for use of each article.

 

The hidden vice being a fault of the thing which, under normal conditions of use, makes it unsuitable for the use to which it is intended and the obligation of conformity stands as the remission of the contractually agreed thing, the Editor of this site is not responsible, even in the context of the conventional guarantee, of the normal wear and tear of the products, accidental damage or resulting from the abnormal use of the products.

 

  1. Subscription to the Jimmy Fairly newsletter

 

By entering his email address and his postal code or by checking the box provided for this purpose, the customer agrees that Jimmy Fairly can send him, at a frequency and in a form he will determine, a newsletter (letter of information) that may include information relating to the activity of the latter.

 

The customer will become subscribed to the company's email and SMS communications of Jimmy Fairly and will have the ability to unsubscribe by clicking on a link provided for this purpose, present in each newsletters or by sending an SMS to STOP SMS, present in each of the SMS.

 

  1. Sponsorship Program

 

Jimmy Fairly offers its customers a sponsorship program that to credit reductions on its personal space for an upcoming order.

The sponsorship allows the godfather to benefit from 10 euros of discount to his network of near during their first order and to get 10 euros on his credit sponsorship.

 

The godfather will be able to use this appropriation sponsorship on his next orders in all Jimmy Fairly shops or on the site Jimmyfairly.com.

 

A godfather will be able to sponsor up to 7 godsters over a period of 6 months slippery and thus get up to 70 euros of credit sponsorship on his personal account. The godfather is limited to 70 euros per order.

 

The sponsor must be an active customer of Jimmy Fairly, he will have received his referral code by email after his first order in the Jimmy Fairly shops or on the site. This code can not be communicated publicly on any media such as on the Internet (reduction, affiliate site, forums, etc.), with the exception of social networks like Snapchat, Facebook, Twitter or Instagram.

Any publicly communicated code, excluding the authorized networks, will lead to deleting the customer account and its sponsorship credits.

 

In order for the sponsorship to be taken into account it is imperative that the client informs the sponsorship code during the passage of his order. The customer can only benefit from a single sponsorship for an order.

 

All sponsorship offers are not cumulative with other current commercial offers at Jimmy Fairly.

 

  1. Responsibilities

 

JIMMY FAIRLY declines any responsibility in case:

 

  • Momentary impossibility of access to "jimmyfairly.com" (and / or sites being linked) due in particular:
    • technical maintenance or updating operations published information
    • technical problems and what is the origin and provenance, and in particular in the event of the destruction of material, attack or hacking, deprivation, deletion or prohibition
    • temporary or definitive impossibility - including faults or unavailability in hosting servers-, Internet access
    • direct or indirect damage caused by the user, whatever the nature, resulting from the content, access, or the use of "jimmyfairly.com" (and / or sites related to it) , as well as the impossibility of using "jimmyfairly.com" (and / or sites related to it)
  • abnormal use or an illicit exploitation of "jimmyfairly.com". The user of "jimmyfairly.com" is then responsible for the damage caused to third parties and the consequences of claims or actions that could result. The user also renounces any recourse against Jimmy Fairly in the case of continuing prosecution by a third party against him as a result of the use and / or the illicit use of the site.

 

JIMMY FAIRLY reserves the opportunity to seize all rights against any person who had not complied with the provisions relating to Articles 323-1 to 323-7 of the Criminal Code, and in particular that suggests fraudulently, to All or part of an automated data processing system of "jimmyfairly.com".

 

  1. Editorial content and other services made available

 

Users who can access software published by third parties (including Google Maps edited by Google), via the site "jimmyfairly.com", use them under their sole responsibility. Each Google Maps user declares to have previously accepted the conditions of use of Google and of Google Maps.

 

Consequently, the responsibility of Jimmy Fairly, nor from one of its partners or attendants, can not be sought for the information and services offered on the site for any damage, of any kind.

 

JIMMY FAIRLY does not guarantee the completeness, accuracy, update and completeness of the information and services made available, Jimmy Fairly putting all the means available to provide users with a content of quality.

 

The use of information and services offered on "jimmyfairly.com" is done under the responsibility of the user, who remains solely responsible for the commitments he contracts.

 

Practical articles and information relating to the company's field of activity Jimmy Fairly are made available to users on "Jimmyfairly.com", as an indication, for a single documentary purpose. In no case, they constitute an alternative to consulting a professional in the sector concerned.

 

The responsibility of Jimmy Fairly can not be sought for the use of these associated software and services, for any damage of any kind.

 

 

  1. Hypertext links

 

16.1. Links from "jimmyfairly.com"

 

"Jimmyfairly.com" may contain hypertext links to sites operated by third parties. These links are provided for information only. Jimmy Fairly has no control over these sites and declines any responsibility for the access, content or use of these sites, as well as the damage that may result from the consultation of the information present on these sites. The decision to activate these links is the full responsibility of the user.

 

16.2. Links to "jimmyfairly.com"

 

No hypertext link can be created to "jimmyfairly.com" without the express prior consent of Jimmy Fairly.

If a user or legal person wishes to create, from his site, a hypertext link to "Jimmyfairly.com", he must first contact Jimmy Fairly at the address mentioned in point 3. Eligibility or not Such a request will be transmitted to the person concerned.

 

 

  1. Information and freedoms

 

Jimmy Fairly, as well as the brand and all illustrations, images and logotypes and any content on the site Jimmyfairly.com (including but not limited to the general conditions of use and these terms and conditions of sale) are and will remain the exclusive property of Jimmy Fairly or the intellectual property rights holder concerned.

 

The Customer therefore acknowledges that, in the absence of authorization, any total or partial copying and any dissemination or exploitation of one or more of these items, even modified, will be likely to give rise to prosecution taken against him by Jimmy Fairly.

This protection will focus on all the textual and graphic contents of this site, but also its structure, on its name and graphic charter.

 

  1. Intellectual property

 

18.1. Copyright and neighboring rights

 

All elements constituting "jimmyfairly.com" (texts, graphics, software, photographs, images, sounds, plans, names, logos, brands, creations and works of various, databases, etc ...) as well as the site it - even, fall under French and international laws on copyright and neighboring copyright rights, including Articles L.122-4 and L.122-5 of the Intellectual Property Code.

 

These elements are the exclusive property of Jimmy Fairly, apart from the elements made by stakeholders outside "Jimmyfairly.com" has not sold their copyrights or their neighboring rights.

 

As a result, the user of "jimmyfairly.com" undertakes notably not to:

 

  • use or interrogate "jimmyfairly.com" for the account or for the benefit of others,
  • to reproduce in number, for commercial purposes or not, creations, information, or photographs present on "jimmyfairly.com",
  • integrate all or part of the content of "jimmyfairly.com" into a third party, for commercial purposes or not,
  • Use a robot, including exploration (Spider), a search application or recovery of websites or any other means to recover or index all or part of the content of "jimmyfairly.com", except in case of authorization express and prerequisite for Jimmy Fairly,
  • Copy information on brackets of any kind for restoring all or part of the original files.

 

Any use, reproduction, representation or unauthorized adaptation of an original page or element of "jimmyfairly.com" is constitutive of a counterfeiting engaging the civil and criminal liability of its author.
It may also result in a violation of rights to the image, rights of persons or any other rights and regulations in force.

 

Jimmy Fairly reserves the possibility of exercising all rights against persons who have not respected the prohibitions contained in this article.

 

18.2. Database Producer Rights

 

Jimmy Fairly is the producer of the database constituted by "jimmyfairly.com", within the meaning of Article L 341-1 and following of the Code of Intellectual Property. Any extraction or use of the content of the basic not expressly authorized may initiate the civil and / or criminal liability of its author. Jimmy Fairly reserves the opportunity to seize all rightways against those who have not respected this prohibition.

 

 

18.3. Trademark

 

The name and the "Jimmy Fairly" logotype are a registered trademark, owned by Jimmy Fairly. Any use of this mark - and any other trademark of Jimmy Fairly because of its activity - not expressly authorized may engage the author's and / or criminal liability of its author. Jimmy Fairly reserves the possibility of exercising all rights against persons who would affect his rights.

 

 

  1. Protection of personal data

In accordance with the General Regulations for the EU Data Protection 2016/679 of 27 April 2016 and the Data Protection Act of 6 January 1978 in its modified versions, any person concerned by a personal data processing has access rights to its data, opposition to the use of its data, rectification, erasure and the portability of its data.

It also has the right to limit the processing of its data, not to be the subject of a decision based on automated treatment, to introduce an action with the National Commission for Informatics and Freedoms and to give Guidelines on the fate of his data after his death.

Jimmy Fairly has appointed the CNIL a data protection delegate that you can contact by email at dpo@jimmyfairly.com or by mail to the following postal address:

Dpo

23, rue du Mail, 75002 Paris.

You will specify "Jimmy Fairly" on your request.

To learn more about processing your data and cookies deposited on the site by Jimmy Fairly, please see our:

  • Data protection policy
  • Cookie Policy

 

 

  1. Applicable law clause and jurisdiction

    The fact that Jimmy Fairly does not prevail at some point in one of the provisions of these general conditions of sale and use can not be interpreted as a renunciation of renunciation.

 

All disputes that may arise on the validity, the interpretation, the acceptance and execution of the present, regardless of the place of subscription, or settlement, will be the subject of an attempt to settle. that the parties undertake to search. Failing it within a period of one (1) month from the written notification of such a dispute, the Courts of Paris shall be the sole responsibility even in the case of a warranty or plurality of defendants, for the emergency or conservatory procedures, referred or by request.

 

These general conditions of sale and use are subject to French law, which determines, on a case-by-case basis, the applicable law. In the absence of any imperative contrary or in the presence of a choice in the determination of the applicable law, the French law will be applied.

 

 

  1. Clause of nullity and non-renunciation

 

If one of the clauses of these Terms and Conditions were to be narrored by a court decision, this nullity can not carry the nullity of all other clauses, which would continue to produce their effect.

 

The fact, for the publisher, not to avail themselves on a temporary or permanent basis of one or more clauses of these Terms and Conditions, will not preclude renunciation of the remainder of the general conditions.