Terms & Conditions
Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these Terms and Conditions. If you do not accept all the terms and conditions of this agreement, then you should not access the website or use the services offered on it. If these Terms and Conditions of Sale and Use are deemed to be an offer, acceptance is expressly limited to these Terms and Conditions of Sale and Use.
All new features and tools that will be added to this shop in the future will also be subject to these Terms and Conditions of Use. You can view the most recent version of the Terms and Conditions of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes on our website. It is your responsibility to check this page regularly to see if any changes have been made. Your continued use of or access to the website after any changes are posted constitutes your acceptance of those changes.
Our shop is hosted on Shopify. They provide us with the e-commerce platform that allows us to sell you our products and services.
Any order taken for a product appearing in the online shop of the website www.shopdearjuliette.com implies prior consultation of these general conditions. Consequently, the consumer acknowledges being perfectly informed of the fact that his agreement concerning the contents of the present general conditions does not require the handwritten signature of this document, insofar as the customer wishes to order online the products presented within the framework of the shop of the web site.
The consumer has the right to save or edit these terms and conditions, it being specified that both the saving and editing of this document are the sole responsibility of the consumer. The consumer, prior to his order, declares that the acquisition of these products is not directly related to his professional activity, their acquisition being reserved for his personal use. As a consumer, the customer therefore has specific rights, which would be called into question in the event that the products or services acquired in the context of the website would actually have a relationship with his professional activity.
The online shop set up by Dear Juliette within the framework of the website mentions the following information:
- presentation of the essential characteristics of the proposed goods
- indication, in Euros, of the price of the goods, as well as, where applicable, the delivery costs
- indication of the terms of payment, delivery or performance
- the existence of a right of withdrawal
- the period of validity of the offer or price
- the conditions for terminating the contract when it is of indefinite duration or for a period exceeding one year
Article 1: Entirety
The present general conditions express the entirety of the obligations of the parties. In this sense, the consumer is deemed to accept without reservation the entirety of the provisions set out in these terms and conditions. No general or specific condition appearing in the documents sent or handed over by the consumer can be integrated into the present, since these documents would be incompatible with these general conditions.
Article 2: Purpose
The present general conditions have for object to define the rights and obligations of the parts within the framework of the on-line sale of goods and services proposed by Dear Juliette to the consumer.
Article 3: Contractual documents
The present contract is formed by the following contractual documents, presented in descending hierarchical order: the present general conditions; the order form. In the event of contradiction between the provisions contained in the documents of different rank, the provisions of the document of higher rank will prevail.
Article 4: General provisions
The present general conditions of sale apply to all the sales of products made through the website of Dear Juliette. Besides, the latter reserves the possibility to modify the present ones, at any time, by the publication of a new version on its website. From then on, the applicable general conditions of sale are those in force at the date of the payment of the order.
The said conditions can be consulted on the website of Dear Juliette on this page.
Dear Juliette makes sure that their acceptance is clear and without reserve by setting up a checkbox and a validation click.
Also, the customer declares to have taken knowledge of all the present general conditions of sale and to accept them without restriction or reserve. The customer also acknowledges having received the necessary advice and information to ensure that the offer meets his needs.
The customer declares that he is legally able to contract under French law or validly represent the natural or legal person for which he is committing himself.
The information recorded by Dear Juliette constitutes the proof of all transactions, unless proven otherwise.
Article 5: Entry into force - Duration
The present general conditions come into force on the date of signature of the order form. The present general conditions are concluded for the duration necessary for the supply of the goods and services subscribed, until the extinction of the guarantees due by Dear Juliette.
Article 6: Electronic signature
The "double click" of the consumer on the order form constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.
Article 7: Order confirmation
The contractual information will be confirmed by e-mail at the latest at the time of delivery or, failing that, at the address indicated by the consumer on the order form.
Article 8: Proof of the transaction
The computerized registers, kept in the computer systems of Dear Juliette in reasonable conditions of safety, will be considered as the proof of the communications, the orders and the payments intervened between the parties. The archiving of order forms and invoices is made on a reliable and durable support which can be produced as proof.
Article 9: Product information
9-a: Dear Juliette presents on its website the products for sale with the necessary characteristics to comply with Article L 111-1 of the Consumer Code, which provides the possibility for the potential consumer to know before the final order the essential characteristics of the products he wishes to buy.
9-b: The offers presented by Dear Juliette are valid only within the limit of available stocks.
Article 10: Prices
The prices are indicated in euros all taxes included and are valid only at the date of the sending of the purchase order by the consumer. For products shipped outside the European Union and/or overseas, the price is indicated exclusive of tax. Customs duties or other local taxes or import duties or state taxes are likely to be due in certain cases, but these duties and sums are not under the responsibility of Dear Juliette. They will then be at the charge of the buyer and are his responsibility (payment to the competent authorities, etc.) Dear Juliette invites the buyer to inquire about these aspects with the corresponding local authorities.
The prices do not take into account the delivery costs, invoiced in supplement, and indicated before the validation of the order.
The payment of the totality of the price must be made at the time of the order. At no time can the sums paid be considered as a deposit or advance payment.
Dear Juliette reserves the right to modify its prices at any time in the future.
Article 11: Method of payment
Payment is due immediately upon ordering, including for pre-ordered products.
To pay for his order, the consumer has, at his choice, all the payment methods listed in the order form.
In accordance with Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating his banking information at the time of the sale, the customer authorizes Dear Juliette to debit his card for the amount relative to the price indicated. Cards domiciled outside France must be international bank cards (Mastercard or Visa). Moreover, the transmitted information is encrypted and cannot be read.
The consumer guarantees Dear Juliette that he has the authorizations possibly necessary to use the method of payment chosen by him, during the validation of the purchase order. Dear Juliette reserves the right to suspend any management of order and any delivery in case of refusal of authorization of payment by credit card by the officially accredited organizations or in case of non-payment. Dear Juliette reserves in particular the right to refuse to make a delivery or to honor an order coming from a consumer who would not have paid totally or partially a previous order or with whom a payment dispute would be in the course of administration.
Article 12: Retention of title clause
The products remain the property of Dear Juliette until the complete payment of the price.
Article 13: Availability of products
Orders will be processed within the limits of our available stocks or subject to stocks available from our suppliers.
The order will be executed at the latest within 15 days from the day following the day the consumer placed his order.
In case of unavailability of the product ordered, in particular because of our suppliers, the consumer will be informed as soon as possible and will have the possibility to cancel his order free of charge. The consumer will then have the choice to request either a refund of the sums paid within 30 days at the latest of their payment, or the exchange of the product. A commercial gesture may also be proposed.
Article 14: Terms of delivery
The products are delivered to the address indicated by the consumer on the order form and only in metropolitan France. The consumer is required to check the state of the packaging of the goods on delivery and to report any damage due to the carrier on the delivery form, as well as to Dear Juliette, within one week. Regarding the expedition, we work in priority with the transport company La Poste. As soon as we proceed to a shipment, you will quickly receive an email informing you.
You can get more information about the transport of your package on the "Delivery" page of this site.
In the event of late delivery, the consumer has the possibility to cancel the contract under the conditions and terms defined in Article L. 138-2 of the Consumer Code. From then on, Dear Juliette proceeds to the refund of the product and to the "outward" expenses under the conditions of the article L. 138-3 of the Code de la consommation.
Any error or fault in the address communicated by the buyer and resulting in the non-delivery of the order or its return to the sender, will not involve the responsibility of the Site and the reimbursement of delivery costs. If a new delivery is requested by the Buyer, it will be at his expense.
At the time the customer takes possession of the products, the risk of loss or damage to the products is transferred to the customer. It is therefore up to the customer to check the package and to notify the carrier, in accordance with the provisions of Article 13, any reservations about the delivery.
Article 15: Delivery problems caused by the carrier
Any anomaly concerning the delivery (damage, missing product compared to the delivery order, damaged package, broken products...) must be imperatively indicated on the delivery order in the form of "handwritten reserves", accompanied by the customer's signature. At the same time, the consumer must confirm this anomaly by sending the carrier within two (2) working days following the delivery date a registered letter with acknowledgement of receipt setting out the said claims. The consumer will have to transmit a copy of this mail by simple postal mail by getting closer to Dear Juliette via an e-mail in order to obtain the rest of the procedure to be followed at the following address: firstname.lastname@example.org.
Article 16: Errors of delivery
16-a: The consumer will have to formulate Dear Juliette the same day of the delivery or at the latest the first working day following the delivery, any complaint of error of delivery and/or nonconformity of the products in kind or in quality compared to the indications appearing on the purchase order. Any claim made after this deadline will be rejected.
16-b: The formulation of this claim to Dear Juliette can be made via our various social networks (Facebook, Instagram).
16-c: Any complaint not carried out in the rules defined above and within the time limits could not be taken into account and will release Dear Juliette from any responsibility towards the consumer.
16-d: Upon receipt of the complaint, Dear Juliette will assign an exchange number of the concerned product(s) and will communicate it by e-mail, fax or telephone to the consumer. The exchange of a product can only take place after the attribution to the consumer of an exchange number according to the above procedure.
16-e: In case of error of delivery or exchange, any product to be exchanged or refunded will have to be returned to Dear Juliette as a whole and in its original packaging, in Colissimo Recommandé, please contact us via email@example.com to obtain the return address and the procedure to follow.
To be accepted, any return will have to be notified in advance to the Customer Service of Dear Juliette. And this, at the following address : firstname.lastname@example.org.
Article 17: Product warranty
In accordance with the law, the provisions hereof cannot deprive the consumer of the legal guarantee which obliges the professional seller to guarantee him against all the consequences of the hidden defects of the thing sold.
Thus, Dear Juliette reminds that the legal guarantee offers the consumer a period of 2 years from the delivery of the good to act. The consumer can choose between the replacement or the repair of the good, and this one is exempted from bringing the proof of the existence of the lack of conformity of the good. Apart from this guarantee, the consumer has at his disposal the guarantee against hidden defects in accordance with articles 1641 et seq. of the Civil Code. In this case, he can choose between rescission of the sale or a reduction of the sale price.
Besides, the consumer is expressly informed that Dear Juliette is not the producer of the products presented within the framework of the web site, within the meaning of the law n°98-389 of May 19th, 1998 and relating to the responsibility because of the defective products. Consequently, in case of damage caused to a person or a good by a defect of the product, only the responsibility of the producer of this one could be sought by the consumer, on the basis of the information appearing on the packaging of the aforementioned product.
Thus, the consumer also has a contractual guarantee offered by the producer. The conditions and duration of this guarantee are indicated on the product sheets. Taking into account the frequency of renewal of the components of the technical products, Dear Juliette will be able, on request, to inform the consumer of the availability of the spare parts of the proposed products and the modalities to possibly get them.
Article 18: Right of withdrawal
With regard to Article L. 121-20 of the Consumer Code, "the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify his reasons or pay penalties, with the exception, where appropriate, of the cost of return. "This period starts from the day of delivery of the consumer's order. If this period expires on a Saturday, Sunday or a public holiday or day off, it is extended until the first following working day. Any return will have to be announced beforehand to the Customer Service of Dear Juliette.
The product will have to be returned by Colissimo, please contact us via email@example.com to obtain the return address and the procedure to follow.
Only products returned as a whole, in their original packaging complete and intact, and in perfect condition for resale will be taken back. Any product that has been damaged, or whose original packaging has been damaged, will not be refunded or exchanged.
This right of withdrawal is exercised without penalty, except for the cost of return. In the event of the exercise of the right of withdrawal, the consumer has the choice to request either a refund of the sums paid or an exchange of the product. In the case of an exchange, the reshipment will be at the expense of the consumer.
In case of exercise of the right of withdrawal, Dear Juliette will refund the money within 30 days at the latest from the date on which it was informed of the decision of withdrawal. The consumer will then be reimbursed by re-crediting his bank account (secured transaction) in case of payment by credit card, or by check in other cases. Contact us for the withdrawal form.
Article 19: Intellectual property rights
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made at the time of sale. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 20: Force majeure
Neither of the two parties will have failed in its contractual obligations, insofar as their execution is delayed, hindered or prevented by a fortuitous event or force majeure. Will be considered as a fortuitous event or force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. The party affected by such circumstances will notify the other within ten working days following the date on which it becomes aware of them. The two parties shall then, within one month, unless impossible due to force majeure, meet to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts more than three months, the present general conditions may be terminated by the injured party. In an express way, are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, as well as the stopping of telecommunication networks or difficulties specific to telecommunication networks external to the customers.
Article 21: Partial non validation
If one or more stipulations of these general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain their full force and scope.
Article 22: Non waiver
The fact for one of the parties not to take advantage of a breach by the other party to any of the obligations referred to in these terms and conditions can not be interpreted for the future as a waiver of the obligation in question.
Article 23: Title
In case of difficulty of interpretation between any of the headings at the beginning of the clauses and any of the clauses, the headings will be declared non-existent.
Article 24: Applicable law
The present general conditions are subject to French law. The same is true for the rules of substance as for the rules of form.
In the event of a dispute or claim, the consumer may contact Dear Juliette via the "Contact" page or by sending an email to firstname.lastname@example.org or directly contact them on social networks (Facebook, Instagram) to obtain an amicable solution.
Pursuant to Article L612-1 of the Consumer Code, the consumer has the right to have recourse free of charge to a consumer mediator, with a view to the amicable resolution of his dispute with a professional.
Any customer who wishes to submit a dispute arising from the purchase of a product through this Site may contact the consumer ombudsman and may use the mediation platform made available by the European Commission and accessible via the following link: https: //ec.europa.eu/consumers/odr/main/?event=main.home2.show
Article 25: Data processing and liberties
The information which are asked to the consumer are necessary to the treatment of his order and could be communicated to the contractual partners of Dear Juliette intervening within the framework of the execution of this order. The consumer can write to Dear Juliette, whose coordinates are in the confidentiality charter appearing in the website, to oppose to such a communication, or to exercise his rights of access, of correction with regard to the information concerning him and appearing in the files of Dear Juliette, under the conditions envisaged by the law of January 6th, 1978.
Article 26: Limitation of liability clause
Except the cases expressly provided for by the provisions in force, the responsibility of Dear Juliette is limited to the direct and foreseeable damages resulting from the use by the customer of the website and the products sold and dispatched by the aforementioned company. Thus, neither Dear Juliette, nor its suppliers can be held responsible for damages resulting from a fault of the customer or a non-performance or a bad performance of its obligations. The same applies to an unforeseeable and insurmountable fact of a third party unrelated to the service or in case of unforeseeable, irresistible and external force majeure.