Terms and Conditions
Our standard terms of sale are governed by Article 19 of the French Confidence in the Digital Economy Act No. 2004-575 of 21 June 2004 and by Article L. 221-5 of the French Consumer Code (Code de la Consommation).
Article 1. Purpose
We specialise in the production and online sale of natural and organic food products for a targeted section of the general public (hereinafter the “Product”).
The Buyer and the Seller agree that their relationship and the access to and use of the www.jollymama.fr website (hereinafter the “Website”) will be exclusively governed by:
– these Standard Terms of Sale (to the exclusion of any other terms and conditions) which will prevail over any other document;
– the applicable laws and/or regulations.
The Standard Terms of Sale and the Legal Notice for the Website are made available to consumers on our Website and may be consulted directly on our Website.
By buying a Product on our Website, you are deemed to have read and unconditionally accepted the version of these Standard Terms of Sale in force on the date of your order, which will be retained and reproduced by us.
We reserve the right to amend our Standard Terms of Sale at any time. If amended, the applicable version of the Standard Terms of Sale will be the version in force on the date of your order and we will provide you with a dated copy of that version on request.
If we do not enforce the application of any clause of the Standard Terms of Sale, this may not be construed as a waiver by us of our rights held under that clause.
These Standard Terms of Sale were updated on 18 November 2018. This version cancels and supersedes all prior versions.
Article 2. Definitions
2.1. Seller”, “we”, “us” or “our” means CAZERA, a French société par actions simplifiée (simplified company) with a share capital of €50,000, registered in the Paris Trade and Companies Register under number 841 372 212, whose registered office is located at 24 Rue Pétrelle, 75009 Paris with VAT No. FR 11 841 372 212.
2.2. “Buyer”, “you” or “your” means any private individual wishing to make a purchase on the Website.
2.3. “Product” means any product on sale on the Website, subject to availability. Actual products may differ slightly from the photographs used.
2.4. “Website” means the infrastructure developed by us in the electronic formats used on the Internet, including various types of data and, specifically, the text, sound, still and animated images, videos and databases designed to be consulted by you to allow you to learn about our products and services and, where applicable, purchase them. The Website is available at http://www.jollymama.fr.
2.5. “Internet” means the various server networks located at many different places worldwide, connected via a communication network and communicating between them using a specific protocol called TCP/IP.
Article 3. Price
The prices of the Products on sale on the Website are stated in euros, inclusive of 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 (€).
The prices of the Products may be modified to reflect any changes to the applicable VAT rate or the exchange rate.
Likewise, if one or more taxes or contributions are subsequently created or increased or reduced, the selling price of the Products displayed on the Website may be modified to reflect those changes.
If a Product is to be delivered outside of Metropolitan France, you will be treated as an importer of the Product and, accordingly, customs duties, local taxes, import duties or state taxes may be invoiced. You are liable for those duties and taxes as regards both the filing of the relevant tax returns and their payment to the appropriate authorities and bodies.
We reserve the right to alter the prices of the Products on sale on the Website at any time. We will invoice the Products to you at the price set out in the price list in force when the order is validated, subject to the Products being available.
We undertake to regularly check the accuracy of all prices stated on the Website but we cannot warrant that the Website will be completely error free. In the event of an error, you may either continue with the purchase of the Product at the corrected price or cancel your order for the Product. If we are unable to contact you, your order will be automatically cancelled.
Article 4. Orders
You may browse the Website and order the Products on sale on the Website, subject to availability.
Article 5. Validity and validation
Whenever you place an order for a Product on the Website, you are automatically deemed to adhere in full to these Standard Terms of Sale, without any exceptions or reservations, as is the Seller.
We will email a summary of the Product order to you using the email address provided in the Buyer identification section of the order process.
You must check the content of the summary as swiftly as possible and immediately report any errors or omissions to us.
By confirming the order, the sale is concluded and you are deemed to accept these standard terms.
The confirmation recorded for the Product order and all of the data provided during the order process constitute proof of the transaction, in accordance with the provisions of French Act No. 2000-230 of 13 March 2000 updating evidence laws to reflect information technology and governing electronic signatures, and render the amounts owed for the order immediately payable.
However, if your debit or credit card is used fraudulently, you should promptly contact our Customer Services department, as soon as you become aware of the fraudulent use.
It is expressly agreed that, in the absence of any manifest error by us, the data recorded in our IT systems, in reasonably secure conditions, constitutes conclusive evidence of the orders you have placed. Any data recorded in a computerised or electronic format constitutes valid proof and as such, is admissible as evidence on the same terms and conditions and with the same evidential value as any document produced, received or stored on paper.
We undertake to fulfil validated Product orders placed on the Website subject to the availability of the ordered Products. Should the ordered Products turn out to be unavailable, we undertake to inform you as swiftly as possible in accordance with the provisions of Clause 7.
We reserve the right to decide not to accept any order for a volume of Products that is much higher than the volume usually ordered by consumers.
Article 6. Payment
You must pay for the Products online when you place your order:
– by debit or credit card (Carte Bleue, e-Carte Bleue, Visa, Eurocard or Mastercard). Payments for Products ordered on the Website are processed by Stripe, an extremely secure payment service (whose use is approved by all banks – PCI/DSS 3.1 operator, 3-D Secure available), or
– by PayPal.
Article 7. Product availability
If an order is placed and validated for a Product but the Product turns out to be unavailable, we will inform you by email as swiftly as possible. You may then decide to either cancel the order, in which case no payment will be debited, or to maintain the order and wait for the Product to be restocked by us.
Article 8. Passing of title
Title to the Products will not pass to you until you have paid the price in full.
Title to the Products will pass when they are physically transferred to you and the risks of any loss of or damage to the Products will also pass to you immediately at the same time.
Article 9. Delivery
The Products may only be delivered to EU countries and Switzerland. Accordingly, we will not accept any delivery to a country that is located outside the EU or Switzerland.
You will receive an order number by email confirming that your order has been processed. The completion of the various stages of the order process will be notified to you by email.
You will also be notified by email when your order has been shipped, using the email address recorded in your customer account.
You will be asked to select one of the following delivery options:
– standard home delivery for a delivery fee,
– collect point delivery for a delivery fee.
The following applies to home deliveries:
– you will be able to track the delivery of your parcel on the transport operator’s website using the shipment number.
– you are hereby informed that you must provide the full, accurate information –required for the proper processing of your order and the safe delivery of the ordered Products (for example, entry codes, access details).
– if you are absent when your order is delivered, an attempted delivery slip will be left explaining where your parcel is being kept and how you can collect it, under the full and sole liability of the transport operator.
– you are fully and solely liable for any loss of or damage to the Products after delivery and for the risks arising from any non-delivery due to your provision of incorrect or inaccurate information.
Article 10. Termination
You may cancel/refuse your Product order in the following cases:
– if the Product delivered does not match the stated characteristics of the Product;
– if your order is delivered after the deadline stated in the purchase order or, if no such date was agreed, more than thirty (30) days after the conclusion of the contract.
We may cancel your Product order if:
– you refuse to take delivery of the order.
Article 11. Cancellation right
You may return your order to us for an exchange or a refund within fourteen (14) calendar days of receipt of your order, without incurring any cancellation fee. You are liable to pay the cost of returning the order to us.
Should you wish to exercise your cancellation right, you must inform us by email (email@example.com).
A model cancellation form is included at the end of these Standard Terms of Sale.
All Products must be returned in their original condition and 100% complete (packaging, accessories, instructions), with the purchase invoice and as swiftly as possible, within no more than fourteen (14) days of your notice of cancellation.
All Products must be returned to:
77 550 MOISSY CRAMAYEL
You will be liable for any damage caused to the Products whilst being returned and if any such damage is sustained, this may invalidate your cancellation right.
If all of the above requirements are met, we will refund all sums paid within fourteen (14) days of receipt of the returned Products, using the same method of payment you used to pay for your order.
Article 12. Warranties
All Products sold by us on the Website are covered by the legal warranty for conformity and the warranty against latent defects.
Article 12.1. Warrenties against latent defects
The Products on sale on the Website are covered by the warranty against latent defects set out in Article 1641 et seq. of the French Civil Code (Code Civil).
Article 1641 of the French Civil Code:
“The Seller shall warrant that the product sold is free from any latent defects rendering it unfit for its intended use or impairing that use to such an extent that the Buyer would not have purchased it or would only have purchased it at a lower price if he had been aware of those defects.”
Any claim based on a latent defect must be issued within two (2) years of the discovery of the defect.
Article 12.2. Legal warranty for conformity
The Products on sale on the Website are covered by the legal warranty for conformity set out in Article L. 217-4 et seq. of the French Consumer Code.
Article L. 217-4 of the French Consumer Code:
“The Seller shall deliver products that conform to the contract and shall be liable for any non-conformity existing at the time of delivery.
The Seller shall also be liable for any non-conformity arising from the packaging, assembly instructions or installation operations where the Seller was liable for installation under the terms of the contract or the Seller was responsible for the performance of the installation operations.”
Any claim based on a non-conformity must be issued within two (2) years of the delivery of the Product, failing which it will be time-barred.
The legal warranty for conformity applies in addition to any manufacturer’s warranty.
Article 13. Customer account
You may decide to create a customer account offering many benefits: shorter order process, registration of various addresses, order tracking etc.
You must provide the following information in order to create an account:
You may also create an account using your Facebook or Google account.
All data collected during the account creation process will be processed in accordance with the provisions of Clause 14.
If you are unable to access your account, you should report this problem to us by contacting our Customer Services department.
Article 14. Personal data
Pursuant to the French Data Protection Act of 6 January 1978 and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter the “General Data Protection Regulation” or “GDPR”), you are hereby informed and agree that your personal data may be collected on the Website and used by us, acting as a data controller for the purposes of the GDPR.
We undertake to protect your personal data and to keep it secure and confidential in accordance with the GDPR, specifically by adopting all appropriate measures to prevent any distortion of or damage to that data and to prevent any access by unauthorised third parties.
In particular, your personal data may be transferred to contractual providers and partners who, in their capacity as data processors under the terms of the GDPR, are directly involved in and contribute directly to the management of your orders and cannot provide those services unless they have access to the personal data you provide when you create and use your account (identity, postal address, telephone number, email address). Our data processors are only authorised to act on our instructions.
Your personal data is collected for the following purposes:
– to manage orders and our relationship with you;
– to send you commercial offers and information connected to our brand;
– to increase and improve the marketing of the Website and the brand, specifically by sending newsletters and special offers tailored to the choices you make on the Website;
– to improve and customise the services proposed to you; and
– to ensure compliance with our statutory and regulatory obligations.
Your personal data will not be retained for any longer than is strictly necessary for the purposes listed above.
Under the terms of the GDPR, you have the right to access your personal data, to have it rectified and to object to its processing (hereinafter the “Data Subject Rights”).
If you wish to exercise one or more of your Data Subject Rights, you should email or post your request to our Customer Services department, by filling in the contact form available on our Website or writing to the following address, stating your full name, email address and customer reference numbers: Cazera Service Client, 24 Rue Pétrelle, 75009 Paris, France.
Each request must be signed and submitted with a photocopy of your passport or ID card showing your signature and specify the address to which we should send our response.
We will respond to requests based on one or more of your Data Subject Rights within two (2) months of receipt of your request.
You may give us specific instructions on how you wish your Data Subject Rights to be exercised after your death, in accordance with the GDPR.
Article 15. Cookies
Cookies are files that track your activity on our Website.
They generally store information relating to your browsing activity on our Website from your device (pages viewed, date and time viewed etc.) which may be read when you return to our Website via a data transfer (allowing us to recognise you when you return to our Website) and which is transferred to us.
Cookies are automatically deleted from your device after no more than thirteen (13) months.
You may decide to block or disable those cookies at any time, by changing the settings of your web browser on your device, in accordance with the instructions given by the publishers of your web browser, available on the websites set out below.
Click the menu icon and choose “Settings”; click “Advanced” and then in the “Privacy” section click “Content Settings” and select the relevant options or click on the following link: https://support.google.com/chrome/answer/95647?hl=fr
Click the menu button and choose “Preferences”; select the “Privacy & Security” panel and select the relevant options or click on the following link: http://support.mozilla.org/fr/kb/activer-desactiver-cookies
Click the “Safari” menu, choose “Preferences” and then click on the “Privacy” tab; select the relevant options or click on the following link: https://support.apple.com/fr-ch/guide/safari/sfri11471/mac
Microsoft Internet Explorer or Edge:
Select the “Tools” button, and then select “Internet Options”; select the “Privacy” tab and then “Advanced” or click on the following link: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
Go to “Settings” and then select “Safari” and then “Advanced” or click on the following link: http://support.apple.com/kb/HT1677?viewlocale=fr_FR
You can also type “cookies” into the “help” section of your browser to access the relevant instructions.
We may not be held liable, in any circumstances or on any basis whatsoever, for the content or operation of any social networks, including any linked to the Website.
Article 16. Intellectual property
All materials of the Website (including both visual materials and sound recordings and the software used) and all intellectual property rights (such as trade marks, service marks, shape marks and copyright) are and will remain our exclusive property.
Unless otherwise stated, the intellectual property rights protecting the documents posted on the Website and all materials created for the Website are our exclusive property and we do not grant any licence or any rights other than the right to view the Website and order Products.
No page or content of our Website may be reproduced (by you or any third party) without our prior written authorisation.
Any document posted on the Website may only be reproduced for information purposes, for a personal, private use, and any reproduction or any use of copies produced for other purposes is expressly prohibited.
You may not use the trademarks, images or any other materials protected by intellectual property rights held by us.
Likewise, you may not copy, modify, create a derivative work of, reverse engineer, disassemble or otherwise attempt to locate the source code of (except in the cases permitted by law), sell, grant, sublicense or transfer, in any manner whatsoever, any right protecting the Website.
Additionally, you may not modify the Website or use modified versions of the Website in particular, but without limitation, to obtain unauthorised access to the Website or to access the Website using any means other than the special interface we have provided.
The Website and any software whose use is necessary for the running of the Website may contain confidential information protected under the intellectual property laws in force or any other law.
If you wish to add a simple direct link to our Website on your own personal website, for your own personal use, you must obtain our prior written authorisation and we reserve the right to withhold our authorisation without any requirement to give specific reasons.
In any event, any unauthorised link must be taken down on request.
Article 17. Liability
The Products comply with the French legislation in force. We disclaim all liability for any non-compliance with the legislation of another country to which the Products may be delivered. You are responsible for checking that it is possible to import and use the pre-ordered or ordered Products with the local authorities.
As the nutritional composition of each Product has been clearly explained on the Website, in each order and on the Products, we may not be held liable for any intolerances or allergies you may have.
We disclaim all liability for any limitations of the Internet or for any loss caused by your use of the Internet, including service downtime, external penetrations or the presence of computer viruses. The same applies for any hyperlinks that may be posted on the Website.
Likewise, we disclaim all liability for any non-fulfilment of our obligations caused by an unforeseeable, unavoidable act or omission by a third party to the contract, by a force majeure event, as defined by the French courts, or by your own acts or omissions (Article L. 221-15 of the French Consumer Code).
Article 18. Force majeure
If a force majeure or a fortuitous event occurs, due to the other party or a third party or external causes including, but not limited to, industrial disputes, intervention by civil or military authorities, natural disasters, fires, water damage, telecommunications outages or power cuts, neither party may be held liable for any delay in or impediment to the performance of the contract.
Article 19. Archiving and evidence
Should a dispute arise, you must first refer the matter to our Customer Services department by email (firstname.lastname@example.org) or post (24 Rue Pétrelle, 75009 Paris, France).
If no satisfactory agreement can be reached with our Customer Services department or if no response is given within two (2) months, you may refer the dispute between us to the MEDIATION SERVICE FOR E-COMMERCE DISPUTES RUN BY FEVAD (http://www.mediateurfevad.fr/) which will endeavour to reconcile the parties with a view to finding a solution in a fully independent and impartial manner.
Both parties remain free to accept or not to accept the use of a mediator to resolve the dispute and to accept or not to accept the solution proposed by the mediator.
If they fail to reach an out-of-court settlement, the dispute will be subject to the jurisdiction of the appropriate court for the place of the defendant’s domicile or the appropriate court for the place of the actual delivery of the Product.
French is the official language of these Standard Terms of Sale and, accordingly, they are governed by French law.
Article 21. Term
These terms of sale apply until we cease to sell the Products online.
Article 22. Address for service
You agree to use the address stated in the purchase order as your address for service and we agree to use the address posted on our Website as our address for service.
Article 23. Severability
If any clause of these Standard Terms of Sale proves to be invalid under a rule of law in force or is held to be invalid in a final court decision, it will be deemed to have been severed but this will not affect the validity of the Standard Terms of Sale as a whole or the other provisions thereof.
(Complete and return this form only if you wish to cancel your contract)
It should be returned by email to email@example.com or by post to 24 Rue Pétrelle, 75009 Paris, France.
I hereby give notice that I cancel my contract of sale for the supply of the one or more products listed below:
My full name:…………………………………
My address: …………………………………………