Terms of sale

ONLINE AND TELEPHONE SALES - GENERAL TERMS AND CONDITIONS OF SALE
PREAMBLE
These General Terms and Conditions of Sale apply to EUROJADIS SARL, whose registered office is located at 2 rue d’Austerlitz, 31000 Toulouse, registered with the Toulouse Trade and Companies Register under number 334 342 870, email: eurojadis@gmail.com (hereinafter “EUROJADIS SARL”).
Under the Germaine Guérin trade name, EUROJADIS SARL designs, develops and markets high-end accessories for men, women and children worldwide.
EUROJADIS SARL operates a distance-selling system by telephone and online for Germaine Guérin products.
ARTICLE 1 – SCOPE AND ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF SALE
These General Terms and Conditions of Sale apply to all sales of products concluded at a distance:
1) By telephone, through the Customer Service department set up by EUROJADIS SARL, as described in Article 2.1 of these General Terms and Conditions of Sale (hereinafter the  “Customer Service” ).
2) Via the Germaine Guérin website “http://www.germaine-guerin.com/fr” (hereinafter the  “Website” ).
The products are sold to end customers who are natural persons acting for personal purposes unrelated to any commercial activity (hereinafter the  “Customer” or  “you” ), excluding resellers or intermediaries acting on behalf of resellers.
Accordingly, the Customer represents and warrants that they are acting as a consumer and do not intend to resell the products for commercial purposes.
The Customer also warrants that they have the legal capacity to enter into the agreements governed by these General Terms and Conditions of Sale.
When purchasing products on the Website, the Customer must indicate acceptance of the General Terms and Conditions of Sale in force by clicking the “Pay now” button. These documents can be viewed before and at the time the purchase is confirmed.
EUROJADIS SARL may update or amend these General Terms and Conditions of Sale at any time. The terms applicable to the sale of products are those in force when the sales contract is concluded.
ARTICLE 2 – ORDER INFORMATION
Orders may be placed by telephone or on the Website.
The language used for telephone orders and orders placed on the Website is French.
2.1 Orders by telephone
Telephone orders are accepted Monday to Saturday, from 10:00 a.m. to 7:00 p.m., on +33 (0)3 13 35 34 25.
Once the Customer’s bank account has been debited by their bank, the order is immediately forwarded to the department responsible for preparing orders.
Orders placed in this way are binding on the Customer.
2.2 Orders placed on the Website
2.2.1 Selection of products by the Customer
On the Website, the Customer selects, enters and confirms the type and quantity of products they wish to order, subject to the quantity limits set out in Article 4, and adds them to the “cart”.
The Customer may freely modify the contents of the cart online, for example by deleting selected products, changing quantities or adding products.
2.2.2 Identification
Once the Customer has finished selecting products and wishes to confirm the contents of the cart, they may either:
• log in to their customer account (hereinafter the “Account”); or
• continue as a “guest”.
The Customer may also log in before selecting products.
Customers who already have an Account log in using their email address and password.
Customers who do not yet have an Account may create one when placing an order by confirming their surname, first name, address, email address and telephone number.
Registration is confirmed by a confirmation email sent by EUROJADIS SARL.
The address cannot be changed after an order has been placed. If the Customer wishes to change the address, a new order must be placed using the new address.
The Customer’s login details and password are strictly personal. Each Customer must keep them secure and must not disclose them to any third party.
If the Account is lost, stolen or used without authorization, the Customer must notify EUROJADIS SARL immediately.
EUROJADIS SARL shall not be liable for any direct or indirect loss arising from unauthorized access to the Account or Website, or from inability to access them.
2.2.3 Confirmation of the order
The Customer must select a delivery method and provide the following information required to ship the order:
– Email address
– Surname and first name
– Address
– Postal code
– City
– Telephone number
– Delivery method
– Country of delivery
– Billing address
– Delivery address, or, where store pickup is available in the selected country, the store from which the Customer wishes to collect the order.
– Choice of payment method and payment information.
The Customer may use the delivery address as the billing address or enter a different address.
Once all required information has been entered and checked, the price of the products (as defined in Article 5 below), any delivery charges and the estimated delivery date are displayed automatically.
The Customer must carefully check that their selections are correct before confirming the order.
EUROJADIS SARL provides standard checking tools to help the Customer identify input errors, such as missing required fields or invalid characters.
The order details are then displayed again for final review.
By clicking the “Pay now” button, the Customer places a firm order for the products in the cart.
The Customer may only place the order after clicking the “Pay now” button and confirming that they have read and accepted these General Terms and Conditions of Sale and the Privacy Policy.
2.2.4 Confirmation of the order by EUROJADIS SARL
Once the process described in Article 2.2.3 has been completed, an acknowledgement of receipt of the order is sent to the Customer by email. Pursuant to Article 1126 of the French Civil Code, the Customer agrees that email may be used by EUROJADIS SARL to confirm the contents of the order. Unless expressly stated otherwise, this acknowledgement does not constitute acceptance of the order.
The sales contract shall be deemed concluded when the products ordered by the Customer are dispatched and the Customer receives a dispatch confirmation email from EUROJADIS SARL.
For card payments, the sales contract shall be concluded when the Customer’s card is charged in accordance with Article 6, even if the charge occurs before dispatch of the products or before acceptance is expressed by another means.
For PayPal payments as provided for in Article 6.2, the sales contract shall be deemed concluded when the Customer confirms the order on the PayPal website.
The order acknowledgement includes the order number, total amount, delivery charges and estimated delivery information, as well as the main characteristics, quantities and prices of the products purchased.
2.3 Proof of orders
EUROJADIS SARL and the Customer expressly agree that emails and the automated recording systems used by Customer Service, particularly regarding order contents and order dates, shall constitute evidence between the parties.
Pursuant to Article L.213-1 of the French Consumer Code, EUROJADIS SARL keeps information relating to orders of €120 or more for ten years and makes it available to the Customer on simple request sent to eurojadis@gmail.com or EUROJADIS SARL, 2 rue d’Austerlitz, 31000 Toulouse.
However, for orders placed on the Website, the Customer is also advised to keep a copy of the order information in electronic and/or paper form.
ARTICLE 3 – AVAILABILITY OF PRODUCTS
EUROJADIS SARL reserves the right to change the products offered on the Website at any time without prior notice, without affecting orders already placed.
Before placing an order, the Customer may obtain the following information either from Customer Service for telephone orders or from the relevant product page for Website orders:
– whether the product is available; or
– if temporarily out of stock, whether it may be ordered for later delivery within the stated period.
If, despite the care taken by EUROJADIS SARL, an ordered product is unavailable, the Customer will be informed as soon as possible by telephone, email or another appropriate means.
In the exceptional event that an ordered product is out of stock, EUROJADIS SARL may cancel the order. In that case, no payment will be collected from the Customer.
ARTICLE 4 – REFUSAL OF ORDERS
Purchases made on the Website or by telephone are intended for the Customer’s own use (or as gifts) and not for resale.
EUROJADIS SARL reserves the right to refuse (i) an order from a Customer with whom there is a dispute concerning payment or delivery of a previous order, or (ii) an order that does not comply with these General Terms and Conditions of Sale.
ARTICLE 5 – PRODUCT PRICES – INVOICING
Prices quoted by Customer Service and displayed on the Website are in euros (€), inclusive of taxes, excluding delivery charges, which are shown separately before the order is confirmed.
The price invoiced shall be the price in force on the date of the order, subject to the product being available on that date.
Without affecting orders already placed, EUROJADIS SARL reserves the right to change product prices at any time without prior notice.
A tax-refund service is not available for products purchased on the Website or by telephone. EUROJADIS SARL No later than delivery, the Customer will receive written confirmation of the price paid for each product, including the price of each item and any delivery charges payable by the Customer.
ARTICLE 6 – PAYMENT TERMS
6.1 Payment by credit or debit card
The Customer may pay for purchases by credit or debit card. Accepted cards are “CB”, Visa©, MasterCard©, American Express© and Shop Pay©Cards issued by banks outside France must be international bank cards.
For telephone orders, the Customer confirms to Customer Service and warrants to EUROJADIS SARL that they are the lawful cardholder and that the surname and first name shown on the card are their own. The Customer then provides, by telephone or via a secure website, the card number, expiry date and, where required, security code. A payment link may also be sent through a third-party platform.
When the Customer confirms card details on the Website, a secure server using SSL (128-bit encryption) is accessed.
The transaction is carried out by the Customer in accordance with their bank’s security procedures. Authentication methods vary by bank. By providing EUROJADIS SARL with their card number and/or banking details by telephone or on the Website, the Customer irrevocably authorizes EUROJADIS SARL to carry out the secure transaction and authorizes their bank in advance to debit the account on the basis of records or statements transmitted by EUROJADIS SARL, even without an invoice bearing the cardholder’s handwritten signature.
If the Customer’s credit card is charged before the products are dispatched, the sales contract shall be concluded at the time of the charge.
6.2 Payment by PayPal (online orders only)
EUROJADIS SARL accepts payment by PayPal only for orders placed on the Website.
If the Customer selects “PayPal” when confirming the order, they are automatically redirected to the PayPal platform.
The Customer must log in to their PayPal account. If they do not have a PayPal account, they may create one at that time. Once the order has been confirmed through PayPal, the Customer is redirected to the Website confirmation page.
The order is dispatched only after the payment method has been verified, the Customer’s card debit or PayPal payment has been authorized, and the order has been confirmed as compliant with these General Terms and Conditions of Sale.
ARTICLE 7 – DELIVERY OF PRODUCTS
For security reasons, EUROJADIS SARL does not process orders where the billing or delivery address is a P.O. box.
For the same security reasons, delivery to hotels is not available.
If the order is a gift, the Customer may designate another natural person as the recipient.
Products are delivered, after payment of the order has been confirmed, to the address provided by the Customer during the ordering process. The Customer is therefore responsible for providing EUROJADIS SARL with an accurate delivery address.
Delivery of the ordered products is subject to full payment and shall take place as follows:
– on the date or within the period indicated to the Customer by EUROJADIS SARL before confirmation of the order; if no period is indicated, without undue delay and no later than 30 days after the order date;
– where a product is temporarily out of stock, within the period communicated in advance to and accepted by the Customer: (i) when ordering by telephone from Customer Service, or (ii) when adding the product to the cart on the Website and before the order is accepted.
EUROJADIS SARL delivers orders by standard or express tracked mail requiring proof of receipt.
Standard delivery charges are borne by EUROJADIS SARL.
If delivery is delayed for reasons beyond EUROJADIS SARL’s control, the Customer will be informed as soon as possible and reasonable steps will be taken to minimize the effects of the delay. EUROJADIS SARL will make every effort to limit the delay; however, if there is a risk of substantial delay, the Customer may contact EUROJADIS SARL to terminate the contract and obtain a refund for any products paid for but not received.
If UPS delivery fails three times and the parcel is returned to EUROJADIS SARL’s warehouse as “undeliverable / address unknown”, EUROJADIS SARL will make two attempts to contact the Customer during the four weeks following receipt of the returned parcel. If the Customer does not respond within that four-week period, EUROJADIS SARL will refund the order and send a confirmation email to the address registered when the order was placed.
ARTICLE 8 – CLICK & COLLECT
EUROJADIS SARL offers a Click & Collect service in Toulouse and the surrounding area, allowing Customers who select “Click and Collect” when ordering to collect eligible products. Availability of this service is indicated before the order is placed.
The products will be available for collection within the period communicated by EUROJADIS SARL in accordance with Article 7.
As soon as the ordered products are available for collection, the Customer is informed by email or telephone and a collection time is arranged.
When collecting the order, the Customer must present the collection notification email and valid identification. By selecting this delivery method, the Customer expressly agrees that their identity may be checked. The order is handed over against signature of a receipt.
The Customer may authorize a designated third party to collect the order on their behalf. The representative must present: (i) the purchaser’s identification, (ii) their own identification, (iii) the order confirmation email received by the purchaser, and (iv) a dated and signed authorization from the purchaser.
A template collection authorization is available by logging in to the Customer account.
ARTICLE 9 – PRIVACY
For further information on how personal data collected on the Website or by telephone is used, please refer to the following: Legal notice.
The Customer may register on the French telephone marketing opt-out list at http://www.bloctel.gouv.fr.
ARTICLE 10 – OWNERSHIP OF PRODUCTS
EUROJADIS SARL retains ownership of the products until they are physically received by (a) the Customer or (b) a person designated by the Customer.
ARTICLE 11 – INTELLECTUAL PROPERTY RIGHTS
The Customer may not reproduce, display or modify all or any part of the Website, directly or indirectly, in any form. All intellectual property rights relating to EUROJADIS SARL products or materials, including trademarks, illustrations, photographs, images, designs and logos, whether registered or not, remain the exclusive property of EUROJADIS SARL.
Any reproduction, downloading, modification or use, in whole or in part and for any reason or on any medium, of EUROJADIS SARL trademarks, illustrations, images, photographs, logos or designs is strictly prohibited without its prior express written consent.
Likewise, any use contrary to the authorized use of the Website, in particular any commercial use, direct or indirect, of its components (products displayed, descriptions, prices, data, software, graphics, images, texts, photographs, tools, etc.), is strictly prohibited without EUROJADIS SARL’s prior written consent.
For further information, please refer to the Legal Notice.
ARTICLE 12 – STATUTORY RIGHT OF WITHDRAWAL
12.1 Right of withdrawal
Pursuant to Articles L.221-18 et seq. of the French Consumer Code, a consumer Customer has 14 days to exercise the right of withdrawal without having to give any reason.
The withdrawal period expires 14 days after the day on which the Customer, or a third party other than the carrier and designated by the Customer, physically takes possession of the goods. For an order containing several goods delivered separately, the period runs from receipt of the last item.
To exercise the right of withdrawal, the Customer must notify EUROJADIS SARL of their decision to withdraw by means of an unambiguous statement, in accordance with the conditions set out in Article 13.1. The Customer may use the withdrawal form in Appendix 2 if desired.
To meet the withdrawal deadline, it is sufficient to send the withdrawal notification before the withdrawal period expires.
Pursuant to Article L.221-28 of the French Consumer Code, the right of withdrawal does not apply to goods made to the Customer’s specifications or clearly personalized, goods that have been unsealed and cannot be returned for reasons of hygiene or health protection, or goods that have become inseparably mixed with other items after delivery.
In addition, where the purchase is a gift, the right of withdrawal belongs exclusively to the Customer and may not be exercised by the recipient of the gift.
12.2 Effects of withdrawal
If the Customer withdraws, EUROJADIS SARL will reimburse all payments received from the Customer, including delivery charges (except any additional costs resulting from the Customer’s choice of a delivery method other than the standard delivery offered), within a reasonable period and in any event no later than 14 days from the date on which EUROJADIS SARL is informed of the decision to withdraw. EUROJADIS SARL may, however, withhold reimbursement until the goods concerned have been recovered or until the Customer provides evidence of having sent them back, whichever occurs first.
The reimbursement will be made using the same payment method as that used for the original transaction, unless the Customer has expressly agreed otherwise. In any event, the Customer will not incur any fees as a result of the reimbursement.
The Customer is liable only for any reduction in the value of the goods resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the goods.
Returns must be sent to: EUROJADIS SARL SAV – 1 hameau de Puech Cambau – 81470 Roquevidal. The goods must be returned no later than 14 days from the date on which the Customer notified EUROJADIS SARL of the intention to withdraw from the sales contract.
ARTICLE 13 – VOLUNTARY RETURN POLICY
The Customer is not entitled to this voluntary return right for:
– personalized or made-to-measure items and items made at the Customer’s request;
– items that have been permanently combined with other items after delivery.
In all cases, the Customer must return delivered item(s):
– within 15 days of delivery;
– together with the completed return form in the Appendix or an unambiguous statement indicating the Customer’s decision to return the item(s); and
– in their complete original packaging.
Items that are not returned, or that are returned incomplete, damaged, without labels, soiled or in any other condition reasonably suggesting that they have been used or worn, will not be refunded or exchanged and will be returned to the Customer.
For slippers, the sole must also be intact. It is therefore strongly recommended that EUROJADIS SARL slippers be tried on over a rug or carpet.
Returned items must be in their original, unused condition, with all EUROJADIS SARL product labels still attached and all accessories or instruction booklets included.
If an item is returned more than 15 days after the date it was received or collected by the Customer, EUROJADIS SARL reserves the right not to issue a refund and to return the item to the Customer.
In addition, where the purchase is a gift, the voluntary return right belongs exclusively to the Customer and may not be exercised by the recipient of the gift.
The Customer’s statutory right of withdrawal under Article 12 is in no way affected by this voluntary return policy. Until the 14-day statutory withdrawal period provided for in Article 12 has expired, the provisions of Article 12 apply exclusively.
13.1 Voluntary returns via the Website
The Customer may return purchased items within 15 days. To do so, the Customer may:
- notify EUROJADIS SARL of the wish to return the item(s) via their account on the Website; or
- call Customer Service and inform them of the wish to exercise the return right; or
- return the item(s) directly by standard Colissimo.
The invoiced price of item(s) returned via the Website will be refunded to the payment method used for the order, without undue delay and in any event no later than 14 days after EUROJADIS SARL receives the returned item(s).
Any additional charges paid by the Customer as a result of selecting a specific delivery method will not be refunded.
A completed return form must accompany the item in the parcel. This form can be downloaded from the “Returns” section of the Website.
ARTICLE 14 – EXCHANGES
In addition to the Customer’s right to withdraw and return items in accordance with Articles 12 and 13, the Customer may also change their mind and exchange an item within 15 days, subject to the conditions set out in Article 13.
If an item is defective, please refer to Article 15 of these General Terms and Conditions.
Where an exchange is requested, the Customer may exchange an item via the Website.
Personalized items, items made at the Customer’s request, damaged items, and sealed items that have been unsealed after delivery may not be returned or exchanged for reasons of hygiene or health protection.
Without prejudice to the Customer’s rights under Article 13, EUROJADIS SARL reserves the right, under its exchange policy, to refuse an exchange beyond two successive orders.
The Customer may not make two exchanges for the same order. If the Customer wishes to exchange items that have already been exchanged, they may return the item(s) by contacting Customer Service by telephone and obtain a refund.
Exchanges are subject to availability of the relevant items on the Website or in the store visited by the Customer for the exchange. If the item(s) are unavailable, the Customer will be refunded under the conditions set out in Article 13.1.
14.1 Exchange of items via the Website
If the Customer changes their mind and wishes to exchange item(s) via the Website, the Customer must specify which item(s) they wish to receive in exchange. The Customer may return item(s) under the conditions set out in Article 14 above (time limit and exchange conditions).
The number of replacement items must be identical to the number of items returned.
The delivery charges for the first shipment will be refunded, but the delivery charges for the second shipment will be charged according to the delivery method selected. The new sale will be subject to the General Terms and Conditions of Sale in force at the time of the exchange.
14.2 Exchange for a lower-priced item in store
The Customer will receive a credit note equal to the difference in price between the two items.
This credit note will be valid for one year from its date of issue and may be used only in EUROJADIS SARL network online stores.
14.3 Exchange for a higher-priced item in store
The Customer must pay the price difference in accordance with the applicable General Terms and Conditions of Sale.
ARTICLE 15 – EXCEPTIONS TO THE RIGHT OF WITHDRAWAL, RETURN OR EXCHANGEÂ
Pursuant to Article L.121-21-8 of the French Consumer Code, the right of withdrawal does not apply to “cut-to-size, made-to-order, made-to-measure or exclusive products”, or to digital products supplied as downloadable files.
Consequently, products of the “les BG” brand cannot be returned or exchanged once they have been dispatched to the delivery address provided by the Customer.
ARTICLE 16 – CUSTOMER RIGHTS IN THE EVENT OF DEFECTIVE ITEMS
If one or more items are defective, the applicable statutory provisions, including statutory warranties, shall apply.
Once the defect in the item(s) has been established, the Customer will be refunded the purchase price.
ARTICLE 17 – INFORMATION ABOUT ITEMS
Information relating to all items offered for distance sale is available in EUROJADIS SARL online stores or from Customer Service.
Photographs, graphics and descriptions of items offered for sale are for illustrative purposes only and are not binding on EUROJADIS SARL. Customers may obtain additional information by contacting Customer Service or EUROJADIS SARL. Every effort is made to ensure that the color and pattern of items shown in photographs on the Website are faithful to the original products, but variations may occur, particularly due to technical limitations in color rendering on computer equipment. EUROJADIS SARL therefore cannot be held liable for minor errors or inaccuracies in photographs or graphic representations of items displayed on the Website.
ARTICLE 18 – DISPUTE RESOLUTION – APPLICABLE LAW
These General Terms and Conditions of Sale are governed by French law, subject to any mandatory provisions to the contrary, including those arising from Regulation (EC) No. 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I). This choice of law does not affect the Customer’s right to benefit from consumer-protection rules applicable in the Customer’s country of residence.
If any difficulty arises in connection with an order or delivery of items, the Customer may, before taking legal action, seek an amicable solution with EUROJADIS SARL.
If no amicable solution is reached, any dispute arising from these General Terms and Conditions of Sale shall be submitted to the competent court in accordance with the rules laid down by the French Code of Civil Procedure and Consumer Code. The Customer may bring proceedings before the courts of: (i) the place where EUROJADIS SARL is domiciled; (ii) the place where the Customer is domiciled; or (iii) the place where the items were delivered.
The European Commission also provides an online platform for out-of-court dispute resolution (ODR platform), available at https://ec.europa.eu/consumers/odr.
EUROJADIS SARL email address: eurojadis@gmail.com