Article 1. Preamble
The website electronically accessible via the URL https://www.francknamani.com is exclusively designed for the presentation and sale of retail goods for strictly personal and private use, and is aimed to provide ready-to-wear items exclusively to individuals and end consumers.
Any use of the services offered on the website implies the acknowledgement, understanding, and acceptation of these general conditions by the client.
The client states and acknowledges that he/she:
- has sufficient technical competence to use the site;
- is in age of majority and has full legal capacity to abide by these terms and conditions;
- is informed that his/her commitment does not require a handwritten or electronic signature. The acceptation of these terms and conditions and of the order is implemented by the process of the double click;
- has specific rights as a consumer which could be called into question in the event that the services offered on the website should be used by him/her in relation with his/her professional activity, that is to say, in the event where the services ordered would be acting for purposes relating to his trade, business, craft or profession
The client is able to save and print these terms and conditions by using the standard functions of his/her web browser or computer.
The client declare having obtained all necessary information relating to the usage of this website and to the quantitative and qualitative characteristics of the services offered within it.
Article 2. Definitions
The terms defined below shall have the following signification between parties:
- “items”: ready-to-wear items from the Franck Namani brand, Men/Women collections, and accessories, offered on the website according to stock availability;
- “client”: refers to the physical and non-professional person with full juridical capacity and placing an order on the website as the end consumer;
- “order”: refers to the order agreed between parties during the signing of an order form;
- “client account”: refers to the virtual space in the shape of web pages within the website, accessed via an identifier and a password, and within which the client can view the items he/she wished to order;
- “contract”: refers to all the contractual documents accepted by the parties, including these terms and conditions, and the associated order form;
- “cookie”: refers to a block of data that is not used for identification purposes, but to record information relating to the user’s navigation on the website;
- “personal data”: refers to all data directly or indirectly relating to a physical person;
- “positive double-click”: clicking is the electronical formulation of a “yes” or of acceptation. The first click marks the client’s agreement and the second click marks the confirmation of the client’s agreement;
- “party”: in its singular form refers indistinctively to the JAMIQUA company or the client and, in its plural form, to both the JAMIQUA company and the client together;
- “services”: refers to the e-commerce services offered by the JAMIQUA company via the website, and consisting on the ordering of one or several items;
- “professional”: any physical or moral person that is not a consumer;
- “website”: the website accessible via the URL https://www.francknamani.com;
- “user”: any person using the site, whether as a client or as an internet user.
Article 3. Object
The terms and conditions aim to define the terms and conditions of the sale of the items offered on the website by the JAMIQUA company.
They regulate all the steps necessary to the submission of the order and the tracking of the order between the contracting parties.
They also define the rights and duties of the JAMIQUA company and of the client.
Article 4. Opposability of the terms and conditions
These terms and conditions are opposable once they have been accepted by the client.
The JAMIQUA company reserves the right to adapt or modify these terms and conditions at any time. These are therefore applicable to the orders having been placed, accepted and confirmed after these terms were uploaded on the website.
In any event, the version of the terms and condition enforceable against the client is the one accepted by the client at the moment of validating his/her order.
The documents appearing online and accepted during the submission of the order prevail any other paper or electronic version dated prior to the order date.
The terms and conditions are constantly accessible in the site on the “Terms and Conditions” page
Article 5. Conditions of access and identification
5.1. Access to the website
The website is open and free to access to any user possessing an internet connection. Any cost relating to the access, such as material, software, or internet access, are to be paid by the user exclusively. He/she is solely responsible for the good functioning of his/her computer equipment as well as his/her internet access.
The site is accessible 24 hours and day and 7 days a week.
Because of the nature and complexity of the internet network and, particularly, of its technical performances, and the response times for consulting, asking, or transferring data, JAMIQUA goes to great efforts, pursuant to the professional standards, to provide the access and utilisation of the services offered. The JAMIQUA company cannot guarantee the absolute accessibility or availability of the site providing access to the items.
The JAMIQUA company reserves the right, without giving notice and without paying compensation of any kind, to temporarily close the site or access to one or several services with the purpose of, for example, updating the website, conducting maintenance operations, modifying or changing the operational methods, servers and times of accessibility, but without being limited to these situations.
The JAMIQUA company is not accountable for the functioning of the computer equipment or the internet access used by the user.
The JAMIQUA company reserves the right to complete or modify at any time the website and the services available on the website, according to the evolution of new technologies.
It is the user’s responsibility to keep himself/herself informed of the evolution of computer equipment and internet connection available, enabling him/her to follow the evolution of the technologies used by the website.
The JAMIQUA company goes to great efforts, pursuant to the professional standards, to secure the site in the view of the risk incurred and the nature of the data handled, However, JAMIQUA shall only be held responsible, in connection with this item, unless there is a proven fault resulting from the direct liability of JAMIQUA.
Article 6. Client account
6.1. Creation of a client account
The submission of an order, as detailed below, requires the creation of a client account.
To do so, the client will be required to indicate an identifier and a password, as well as a valid email address.
The client guarantees the accurate nature of the information provided for the creation of his/her account.
Once the form has been validated, a confirmation email will be sent to finalise the creation of the client’s account.
6.2. Client account and password
The client is solely responsible for the preservation and confidentiality of its identifiers and passwords, which are strictly personal, and agrees to carry out any appropriate measure to ensure the perfect confidentiality, including regularly changing his/her identifier and password.
Any usage of the password shall be assumed to have been done in the name of the client,
The client agrees to immediately change his/her password in the event of the involuntary or voluntary revelation to third parties, or if he/she forgets or loses such password.
The client is solely responsible for the utilisation that shall be made under his/her password until he/she requests a change of such password, under the circumstances listed above.
The responsibility of the JAMIQUA company shall not be sought in the case of fraudulent or abusive utilisation, or following the voluntary or involuntary divulgation of his/her identifier and/or password to anyone.
6.3. Suppression of client account
The creation of a client account is free and such account can be closed at any time by the client.
The JAMIQUA company reserves the right, without any notice of compensation, to suspend the access to an account, partially or in totality, until the reason for such suspension has disappeared, or even to delete a client’s account, depending on the seriousness of the non-compliance. The client agrees that the JAMIQUA company shall not be held responsible, in opposition to the company or to third parties, of the consequences engendered by the suspension or suppression of a client’s account.
Such suppression, whether resulting from the client’s or JAMIQUA’s initiative, will result in the suppression of any data linked to the client’s account, and without granting the client with any right of claiming a damage suffered as a result of such suppression.
Only the data necessary to accounting documents and supporting documents shall be kept in accordance with the relevant provisions to enable JAMIQUA to abide by legal and regulatory obligations in force.
Article 7. Items
The items offered for sale by the JAMIQUA company are those appearing in the website at the date of a client’s consultation of the website. The items offered on the site are subject to stock availability.
In the event of an item sale, the JAMIQUA company offers a description of the items, in the form of item description files.
The description file is composed of the photograph, price, available sizes and colours, the material composition, as well as any particular feature of the items.
Differences may exist between an item and its photographs, depending on parameters such as the resolution and definition of colours of a user’s screen.
In this capacity, JAMIQUA takes the greatest care in providing information relating to the essential characteristics of the items available to purchase on the website, to the guaranties, terms of payment and delivery, prior to the submission of the order.
The client is solely responsible for his/her choice of items and its suitability to his/her needs, such that the responsibility of the JAMIQUA company cannot be sought in such event.
The JAMIQUA company reserves the right at any time to remove any item from the website and/or amend the description file of any item.
Article 8. Ordering the items
8.1. Order steps
The benefit of the services implies full acceptance of these terms and conditions by the positive double-click.
Any client wishing to benefit from the services offered on the website agrees to communicate beforehand the information requested from the forms available online. The client certifies the truth and accuracy of the data given.
The submission of an order of items includes the following steps:
- step 1:
- prior identification of the client via his/her client account through the entry of his/her identifier and password. Any first order will require the creation of a client account (please refer to Article 6.1).
- step 2:
- selection of the item(s) on the website
- step 3:
- shopping cart filling
- step 4:
- click on “checkout” or “order” to confirm your shopping cart
- step 5:
- enter/choose your delivery address, delivery and payment method, and your billing address. The personal information necessary to the processing of your order and delivery of your items are compulsory.
- step 6:
- summary of your order and of the information provided by the client, in the form of a quote. At this stage, the client can check his/her order’s details as well as its subtotal, and amend it as desired.
- step 7:
- definitive acceptation via the positive double-click process of the order, the subtotal, and of the terms and conditions applicable at the time the order is placed.
- step 8:
- order payment, following the methods stated in the Article 10.
Any order is subject to the prior acceptation of the JAMIQUA company. JAMIQUA notifies the acceptance of the order by immediately sending an email to the client, summarising the order’s details, including the delivery method, as well as the total amount paid.
The JAMIQUA company shall not be held responsible in the event of input mistakes preventing a confirmation email to be correctly delivered.
The order shall be acknowledged only once the payment has been received. Any payment rejection shall imply the cancellation of an order, of which the client shall be informed, resulting in the withdrawal of the order.
The JAMIQUA company reserves the right to not validate the order in the following instances:
- if an item is unavailable;
- in the event of a payment backlog or a dispute concerning the payment of a prior order;
- in the event of excessive or abnormal exchanges and returns.
In this case, no payment shall be debited for the order placed and rejected.
8.2. Order follow-up
Clients can refer to their client account on the website for any question relating to the follow-up of their order, or contact the customer service team according to the terms described in Article 13.
8.3. Conservation – Archiving
The JAMIQUA company ensures the conservation of the written records noting clients’ orders of a payment of one hundred and twenty (120) euros or above, for a duration of ten (10) years, starting from the end of the services having fulfilled the aforementioned order, and guarantees access to such written record to the client at any time for this same duration.
The contractual documents shall be stored under electronic or paper format.
The JAMIQUA company guarantees access to the stored contractual documents after the client has requested access via email, sent to firstname.lastname@example.org
Article 9. Price
Item prices are indicated in euros and are inclusive of all taxes. They include the correct Value Added Tax (VAT) at the time of the order, as well as any other applicable tax.
Items prices are only valid for the time during which they are accessible in electronic form on the website.
The item prices can be modified by the JAMIQUA company at any time. This modification will be notified to the client prior to his/her order.
Furthermore, if a tax or contribution was created or modified, increased or decreased, the modification will be reflected in the price of the items available on the site and sale documents.
The prices displayed are inclusive of the applicable VAT and of any other tax applicable at the time of the order, and any change in the rate applicable to the VAT and/or any other tax will automatically be reflected in the price of the services offered.
Before the confirmation of the order by the client, the subtotal will be indicated in euros and inclusive of all applicable taxes.
The prices of the items offered do not include any communication fee linked to the usage of the site, which are the responsibility of the client, as well as the delivery cost. Delivery rates will be indicated before the final acceptation of your order.
Article 10. Order payment
To settle an order, the client has a choice of several payment methods offered by the JAMIQUA company.
The following payment methods are the only methods that shall be accepted:
- bank card, such as Visa, Mastercard, Amex.
- payment account, such as Paypal
The payment for an item is done online in one transaction at the time of the order.
Once the order has been sent, the client is notified via email that his/her invoice including the delivery charges and applicable VAT, is accessible online via his/her client account.
Article 11. Delivery
The delivery is understood as the transfer to client of the physical possession or control of the item ordered.
The delivery will be processed according to the method chosen by the client when confirming the order. The various fees and terms of delivery are displayed on the website.
The client will be notified via email, to the email address provided when registering his/her account, of the dispatch of the article(s) she/he ordered.
Upon reception of the order, the client is responsible for checking the conformity of the items delivered, in the presence of the courier, and for checking the state of the package received (damaged or opened package, missing or damaged items…) and to write such concerns and comments on the delivery note, accompanied by his/her signature.
Without prejudice to applicable legal guaranties, the client must address its concerns regarding the item’s lack of conformity noted on the delivery date as soon as possible via email to email@example.com
11.1.1. Transfer of risk
Any risk of loss or damage of the articles is transferred to the client the moment where he/she or a third party named by the client and other that the courier offered by the JAMIQUA company, has taken physical possession of the items ordered.
11.1.2. Delivery times, fees, and locations
The order will be delivered at the date or within the time indicated to the client or, whenever no time was indicated, within a maximum of 30 days following the confirmation and payment reception of the order.
The delivery of the item will be actioned once the full payment for the order is received.
The delivery times are specified to the client during the ordering process, and depend on the chosen delivery method and address.
The shipping costs depend on the destination.
Shipping costs are free for all orders from €3000.
Here are the shipping costs for the different destinations, if your order amount is lower than 3000€ :
- Paris : 35€
- France : 50€
- Europe : 70€
- Asia : 200€
- Africa : 200€
- North America : 130€
- South America : 200€
- Oceania : 200€
The items are delivered to the client to the address he/she provided when placing the order. The JAMIQUA company delivers the items ordered to continental France, Corsica, Monaco, the French Overseas Departments and Territories (DOM TOM), and to international destinations. Under no circumstances shall the items be delivered to hotels, professional address, or postal boxes.
188.8.131.52. Delivery to metropolitan France, Corsica, and Monaco
At the time of placing the order, the client chooses one of the following delivery methods:
- Fedex: delivery time between 1 to 3 working days from the day of dispatch;
- Delivery in one of our stores in Paris or London: your items will be available for pick up from the chosen store within fifteen (15) working days following your order confirmation. An email notification will be sent to the email address provided when placing your order, informing you that your items are ready to be collected. Please bring the email, as well as a valid proof of ID, when collecting your items. Please note that you have thirty (30) days to collect your order from the chosen store, else your items will be returned to stock and your order refunded, according to the terms described in the article 12.1.3.
184.108.40.206. Delivery to the DOM TOM (French Overseas Departments and Territories)
There is only one delivery method offered for the DOM TOM:
- Door to door delivery via Fedex in 5 to 7 working days counting from the date of dispatch of your order.
220.127.116.11. International delivery
There is only one method offered for international deliveries:
- Door to door delivery via Fedex in the time applicable to the country chosen and counting from the date of dispatch of your order.
18.104.22.168. Delivery to Switzerland
Orders delivered to Switzerland cannot exceed €6000.
Article 12. Item return
12.1. Right of return
12.1.1. Period and scope
The client has a legal period of return of fourteen (14) days counting from the date of the reception of the articles to state that he/she wishes to exercise his/her right of return, without the need to provide any fee or reason behind his/her decision.
This legal period of return counts from the day the client, or a third party named by the client and that is not the courier, takes physical possession of the item(s).
If an order contains several items that are to be delivered separately, or if the order contains an article composed of several pieces that are delivered over a defined period of time, the return period starts from the day of the reception of the last article or the last piece of the order.
Should the return period end on a Saturday, Sunday, or on a Bank Holiday, the period shall be extended to the next working day.
The client’s right of return can be exercised without the user incurring any additional costs, except for return postage fees.
The right of return does not apply in the following instances:
- in the event that the items have been modified according to the client’s specifications, or have been clearly personalised.
- in the event that the items provided, after having been delivered, have been mixed with other items in an irreversible fashion.
The right of return is exclusively reserved to the client responsible for the order and may under no circumstances be exercised by a third party, such as the recipient of a gift.
12.1.2. Terms of the right of return
In order to exercise his/her right of return, the client must inform the JAMIQUA company of his/her intention to return, via an explicit declaration stating his/her identifier, et expressing his/her wish of retraction, either by post, fax, or email, addressed to the following:
- by post: Société JAMIQUA, 4 rue Marbeuf, 75008 Paris ;
- by email: firstname.lastname@example.org
Should the client use an online form, an acknowledgement of receipt of the return will be sent by the JAMIQUA company via email.
The client also has the possibility, without obligation, to fill in the form of return available in the annex of these terms, and to send it to the addresses stated above, either by post, email, or fax.
To ensure that the period of return is respected, the client must send his/her return request before the expiration date of the return period.
12.1.3. Returns and refunds
To proceed to the return of the item, the client must send the item to the JAMIQUA company without excessive delays, and at the latest within the fourteen days following the return request sent to the JAMIQUA company to the email address email@example.com
The delay is considered respected when the article is dispatched before the expiration of the fourteen (14) days period.
Customers who return any articles are obliged to use a registered sending service and to supply proof of shipment.
For easy and convenient returns the official shipping carrier for JAMIQUA is FedEx and can and should be utilised by customers wanting quick and prompt returns. Alternatively any another delivery company can be used if FedEx is not available or convenient for the customer.
When using FedEx, the direct costs of returning items with FedEx will be the responsibility of JAMIQUA, who will then provide the customer a shipping label to then print and attach to the parcels to be returned. The customer will bear any responsibilities and risks related to this shipment before it is received by JAMIQUA.
The direct costs and risks of returning items by any other shipping carrier that is not FedEx is the full responsibility of the customer. The cost of returns are dependent on the customer’s selected shipping carrier and may vary depending on the methods chosen by it and are not refundable by JAMIQUA.
The client is therefore informed that the return fees are at his/her expense and can vary depending on the chosen delivery method.
The client is informed that he/she is liable to the JAMIQUA company for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature and functioning of the goods.
The client is therefore informed that the items will need to be returned:
- brand new in their original packaging;
- accompanied by a return voucher;
- undamaged and complete;
- undamaged, unspoilt, unsoiled and in conditions exceeding the simple testing of the item;
- without dirt, holes, tear, burn, discolouring, deformation;
- with all the elements representing the brand or the brand model (logo, labels, etc.).
Any client wishing to return an item is responsible for using a reliable tracked courier service and to keep the receipt of such service.
Should a client exercise his/her right of return, the JAMIQUA company will refund the the cost of the whole transaction, including the delivery cost (excluding the additional cost resulting from the client’s choice of courier, that is to say, a delivery method other than the cheapest method offered by the JAMIQUA company), without any excessive delay and, in all cases, within a maximum of fourteen (14) days from the day of reception of the client’s wish to exercise his/her right of return.
The JAMIQUA company has the right to defer the reimbursement until the reception of the items, or until the client has supplied evidence of having sent back the goods, whichever of the two is the earliest. It is therefore the client’s responsibility to retain the proof of dispatch of such item.
The reimbursement will be processed through the same payment method chosen by the client when placing his/her order, unless different terms have been expressly agreed by him/her. Regardless, the reimbursement shall not incur any additional fee for the client.
The reimbursement is exclusively destined to the client who originally placed the order and shall under no circumstance be transferred to the account of a third party who, for example, may have been gifted the item.
No item exchange is accepted.
Article 13. Customer service
For any information, claim, or question relating to these Terms and Conditions, order follow-up, right of retraction, or to the articles, clients shall contact the Customer Service either by phone +33 1 49 52 98 51 (landline), Monday to Friday 10am to 5pm (GMT+1), or via email to firstname.lastname@example.org, stating your order number if relevant.
Article 14. Guaranties of the JAMIQUA company
14.1. Commercial guaranties
Any information about the commercial guaranties relating to the items offered on the website (including the content of the guaranty, terms of application, price, duration, scope, as well as the name and address of the guarantor according to the items, services, and brands involved) are available to the client on the item description file on the website.
14.2. Legal guaranties
Regardless of the guaranty granted, the JAMIQUA company remains responsible for the lack of conformity of the item according to the terms of the articles L.211-4, and following the French Consumer Code and the latent or hidden defect of the item sold, in the conditions stated in the articles 1641 below of the French Civil Code, and 2232 of the French Civil Code. These guaranties are applicable with the JAMIQUA company, registered at the following address: Société JAMIQUA, 4 rue Marbeuf, 75008.
REMINDER OF THE MAIN APPLICABLE LAWS
Article L.211-4 of the French Consumer Code
The seller is responsible for delivering goods that conform with the contract and shall respond to any conformity fault appearing at the time of delivery. The seller is also responsible for the conformity faults resulting from the packaging, the assembly instructions, and the installation when these have been made his/her responsibility by the contract or have been produced under his/her responsibility.
Article L.211-5 of the French Consumer Code
To comply with the contract, the product must:
- Be suitable for the purpose usually associated with such a product and, if applicable:
- correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
- have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labeling;
- Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.”
Article L.211-12 of the French Consumer Code
Action resulting from lack of conformity lapses two years after delivery of the product
Article 1641 du Code civil
A seller is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them.
Article 1648 of the French Consumer Code
The action resulting from defects must be brought by the buyer “within a period of two years following the discovery of the defect”
In addition, when the client acts as a legal guaranty of conformity under the above-mentioned provisions, he/she:
- benefits from a two years delay from the date of delivery to act;
- can choose between the repair or the replacement of the item, subject to the conditions and cost involved, under the article L. 211-9 of the French Consumer Code;
- is exempted from having to provide a proof of the existence of the conformity fault on the item during the six months following the delivery of the item. This delay will be extended to 24 months from the 18th march 2016.
In any case, the legal guaranty of conformity is applied independently from the commercial guaranty granted by JAMIQUA for the item(s) ordered. Finally, the client may decide to exercise the guaranty against hidden defects of the item sold, following the article 1641 of the French Civil Code.
14.3. Exclusion of guaranty
In the event that the items returned by the client do not match the items ordered on the website and come from another origin than the website, JAMIQUA will not be held responsible for the obligations such as the ones described in articles 14.1 et 14.2.
Article 15. Intellectual property of the JAMIQUA company
These terms and conditions shall not entail an assignment or licence to use the property rights, such as intellectual properties right, relating to elements belonging to JAMIQUA, to the benefit of the client who forbids him/herself from any act or action susceptible to breach directly or indirectly the intellectual property rights of JAMIQUA.
To this regard, it is precised that the content of the site, the general structure, as well as the brands, drawings, models, images whether or not animated, texts, photographs, logos, charts, graphics, software and programs, search engines, databases, sounds, videos, domain names, design, and any other element composing the website or any other information displayed on the website, without limitation, are the exclusive property of JAMIQUA, its partners, or of third parties having granted JAMIQUA a license, and are protected by the intellectual property rights that are or will be recognised as theirs under applicable laws.
Any reproduction and/or representation, whether partial or total, of one of its elements, without the written consent of JAMIQUA, is strictly forbidden and shall constitute for example, but without limitation, an infringement sanctioned by the provisions of the current Intellectual Property Code.
Article 16. Method and expertise
JAMIQUA retains the entire and exclusive property of the methods, expertise and tools used to implement these contractual stipulations.
Article 17. Responsibility
JAMIQUA is solely responsible for the execution of the company’s obligations towards the client in his/her capacity as a consumer.
Article 18. Force majeure
The JAMIQUA company shall not be held responsible for the non-performance of the contract in case of force majeure (including disturbance or full or partial strike, in particular of the mail service and means of transport and communication).
Additionally, JAMIQUA shall not be held responsible either when the non-execution or defective execution of the contract is attributable to an unforeseeable and insurmountable fact of a third party to the contract, or of the client.
This article shall remain in effect at the end of the contract and regardless of the reason or the motive.
Article 19. Personal data
Data is collected from the client via questionnaires, forms, etc., on the website.
According to the law n° 78-17 of the 6th January 1978 relating to information technologies, files and amended civil liberties, the client is informed that JAMIQUA, as responsible for processing, executes the processing of personal data about him/her.
In accordance with law n°78-17 of the 6th January 1978, pertaining to information technology, databases and civil liberties, the user is informed that the JAMIQUA company, as a data controller, engages in the processing operations of personal data, with the main purpose of:
- managing relationship with users
- accessing and benefiting from the services offered on the website
- answering enquiries
- creating, managing and maintaining accounts
- managing and identifying users
- Generally managing and maintaining relationships with users, clients and prospects
- Creating commercial statistics
- managing and following orders, payments, the supply of the services as well as the invoicing, the right of withdrawal, the customer service and after-sales services (including customers complaints and requests).
- managing the website’s business and marketing, including the implementation of communication activities, sales promotions, prospecting and advertising campaigns, segmentation activities and personalisation of offers.
- managing the various access, rectification and opposition requests
Such data is intended for the JAMIQUA company, as well as any intermediate subcontractors or partners for the aforementioned purposes.
In accordance with the law of 6th January 1978, the user has a right of access, query, rectification, modification, or suppression of his/her data, allowing him/her to rectify, complete, update, block, or delete any of his/her data that is inaccurate, incomplete, ambiguous, out-of-date, or of which the collection, usage, communication, or maintenance is forbidden.
Every personal data collecting form informs the user of the compulsory or optional nature of his/her answers by the presence of an asterisk. The failure to provide information of compulsory nature may result in such data collection to not be processed, of for its process to be delayed.
The user also has a right of opposition to the processing of his/her personal data for legitimate reasons, as well as a right of opposition for his/her data to be used for prospective and commercial purposes. The user also has the right to lodge a complaint with the Cnil, should his/her rights have been breached.
These rights are exerted either directly online by the user, or via letter, accompanied by the copy of a proof of identity, sent to the following email address email@example.com or the following postal address: Société JAMIQUA, 4 rue Marbeuf, 75008 Paris, FRANCE.
The user can request to no longer receive such emails whenever he/she wishes, by clicking on the link provided at the footer of each email sent to him/her, or by requesting so via email to firstname.lastname@example.org.
Article 20. General Stipulations
20.1. Good will
The parties agree to execute their obligations with perfect good will.
The parties declare these terms to be sincere.
On this account, they declare that they possess no information which, if it had been shared, may have modified the consent of the other party.
The present contract expresses the entirety of the parties’ obligations.
No general or specific condition of one of the parties shall be integrated to these contractual terms.
In the event of difficulties in the interpretation or application of these terms resulting from a contradiction between any of the titles heading the articles above and any article, the titles shall be declared irrelevant.
If one or more of the terms present in this contract are held as invalid or declared as such according to a law, regulation, or following the decision of a competent jurisdiction, the remaining stipulations remain in force.
Article 21. Resolution-termination
If either party breaches the obligations stated in these general terms of service and fails to remedy it within 8 days following the notification of such breach by registered letter, return receipt requested, the non-breaching party may, as a matter of right, terminate these terms without prejudice to any damage it could claim hereunder.
Any resolution or termination declared following the non-performance by the client of his/her obligations, but also any utilisation by the client of the website and its services breaching these terms grants JAMIQUA the right, without prior notification or compensation, to:
- forbid the client from accessing to any part of the website;
- to delete such client’s account on the website, the consequences of such suppression being ruled by the stipulations described in the article Suppression of client account.
And this without prejudice to any damage JAMIQUA could claim or to the solutions that may be offered to the company.
Article 22. Evidence and convention of evidence
The online acceptation of these terms via electronic means constitutes the same value between parties as an agreement on paper.
The computerised records stored in the computer system of the JAMIQUA company shall be stored in reasonable security conditions and shall be considered as evidence of communications, orders, and payments exchanged between parties. These records have value of proof until evidence is provided of the contrary.
The archiving of the contractual documents, orders and invoices is done via a reliable and durable support that may be produced as evidence.
Article 23. Language
French is the authentic language
Shall these terms be translated in a foreign language, the French language shall prevail any other translation in the event of a dispute, contestation, interpretation or execution difficulty of the terms and, more generally, with regards to the relationship between the JAMIQUA company and the client.
Article 24. Applicable Law
These terms and conditions are ruled by French law.
It is such for both rules of base and rules of form and this, notwithstanding the place in which the fundamental or subsidiary obligations are performed, subject to the mandatory provisions of the law governing the client in his/her capacity as a consumer.
Article 25. Dispute resolution
In the event of a dispute relating to these terms, the client is informed of the possibility to resort to a conventional mediation procedure or any other alternative mean of dispute resolution.
Article 26. Competent court
In the event of a dispute relating to the interpretation or the execution of these terms and conditions, the competent court will be determined according to the provisions of the ordinary law ruling the relationships between the consumer and the professional.