General Terms and Conditions of Sale

Version dated March 18, 2024.

The present General Terms and Conditions of Sale govern the remote sale of products by THE JANE DE BOY COMPANY, simplified joint-stock company with a capital of 143 184 euros, whose registered office is located at 13 boulevard de la plage 33970 Lège Cap Ferret - France, registered with the RCS of Bordeaux under the number 422 267 740 (hereinafter referred to as "THE JANE DE BOY COMPANY").

The General Terms and Conditions of Sale of the website en.janedeboy.com accessible exclusively to individuals of legal age and capacity are intended to define the rights and obligations between THE JANE DE BOY COMPANY and the customer.

Any order taken for a product found on the website en.janedeboy.com (hereinafter referred to as "the Website") implies the prior consultation and acceptance of these General Terms and Conditions of Sale. The click of acceptance of the General Terms and Conditions of Sale on the Website thus implies full acceptance of the present. This click has the value of a "digital signature".

The General Terms and Conditions of Sale may be subject to change. Those applicable are those in force on the date the order is placed.

Article 1 - The customer

All customers must be at least eighteen (18) years old and have the legal capacity or be the holder of a parental authorisation to place an order on the Website (hereinafter referred to as the "Customer"). When registering the Customer's personal data in the "My account" section, the Customer must ensure the accuracy and completeness of the compulsory data he/she provides. In the event of an error in the wording of the recipient's details, THE JANE DE BOY COMPANY cannot be held responsible for the impossibility of delivering the product.

The Customer acknowledges having read the General Terms and Conditions of Sale at the time of placing the order and declares that he/she accepts them without reservation.

Article 2 - The products

The products are presented on the Website with the greatest possible accuracy, using descriptions and visuals (hereinafter referred to as the "Products"). The majority of the Products offered for sale by THE JANE DE BOY COMPANY are also available in its warehouse or its physical stores. The colors of the Products on the Website may differ slightly from their original colors. These visual differences can in no way be interpreted as defects of conformity and lead to the cancellation of the sale.

If a Product is not available after the order has been placed, the Customer will be informed by email or telephone of the Products that are out of stock. The Customer may then request the cancellation or exchange of his/her order within five (5) working days (from Monday to Friday), by contacting the customer service on 00 33 (0)5 19 88 01 58.

The Products remain the property of THE JANE DE BOY COMPANY until the order has been fully paid for. Any risk of loss or damage to the goods is transferred to the Customer from the moment the Customer or a third party designated by the Customer, other than the transporter proposed by THE JANE DE BOY COMPANY takes physical possession of the goods.

Article 3 - Orders

All orders are subject to the prior acceptance of these General Terms and Conditions of Sale. The acceptance of these General Terms and Conditions of Sale as well as the entry of his/her bank details by the Customer constitutes an irrevocable acceptance of the conditions of sale and payment, and will validate the Customer's order. The sale will be concluded only after the confirmation of the order. THE JANE DE BOY COMPANY reserves the right to cancel any order from a customer with whom there is a dispute over payment of a previous order. The information provided by the Customer when placing an order is binding. In case of error in the wording of the recipient's address, the seller cannot be held responsible for the impossibility of delivering the product.

In order to validate his/her order, the Customer must follow the different steps, respecting the procedure set up by THE JANE DE BOY COMPANY. The Customer has the possibility, before definitively validating his/her order, to check the details of the order and its total price, and to correct any errors, before confirming it to signify his/her acceptance. Any order confirmed by the Customer is deemed to be a contract of sale and acceptance of all the stipulations herein.

THE JANE DE BOY COMPANY confirms the acceptance of the order to the Customer at the e-mail address that the latter will have communicated. The sale will only be concluded once the order has been confirmed.

THE JANE DE BOY COMPANY reserves the right to refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

Article 4 - Prices

The prices of the Products are indicated in Euros, all taxes included, excluding processing and shipping costs.

All orders, regardless of their origin, are payable in Euros.

The applicable VAT rate corresponds to the French VAT.

THE JANE DE BOY COMPANY reserves the right to modify its prices at any time. However, the prices of the Products applicable are those in force at the time the order is registered, subject to the availability of the Products on that date.

Article 5 - Payment

The payment methods accepted by THE JANE DE BOY COMPANY are indicated at the beginning of the order process and are recalled on the payment page.

The Customer certifies that he/she is fully entitled to use the means of payment to pay for the order and that these means of payment allow him/her to pay the total price of the order.

THE JANE DE BOY COMPANY uses the PAYBOX secure Internet payment system. The banking data are transmitted in an encrypted way directly to the banking operator and are in no case stored by THE JANE DE BOY COMPANY.

If the Customer wishes to pay for his order in several instalments, he accepts ALMA's general and special conditions.

Article 6 - Delivery

6.1 Terms and conditions

The Products are delivered by Colissimo with tracking and signature, by registered parcel or by road transporters (excluding Saturdays, Sundays and public holidays), to the address given by the Customer when placing the order. If the Customer is absent, a delivery notice will be left in his/her letterbox. The parcel will then be available at the post office attached to the Customer's home.

THE JANE DE BOY COMPANY will send the order to the buyer within 24 hours of the validation of the order.

Deliveries are made within seven (7) to fifteen (15) days from the validation of the order, unless a longer period is specifically indicated on the online product sheet.

Delivery will take place within the time specified on the Website prior to validation of the order or, failing that, no later than thirty (30) days after validation of the order.

In the event of failure to deliver on time, the Customer may end the contract by registered letter with acknowledgement of receipt or in writing on another durable medium if, after having requested THE JANE DE BOY COMPANY to make the delivery within a reasonable additional period, the latter has not done so within this period.

The Customer will be refunded within a maximum of fourteen (14) days following receipt of his/her written complaint by THE JANE DE BOY COMPANY.

THE JANE DE BOY COMPANY cannot be held responsible for the consequences of a delay in delivery attributable to the Customer, to the act of a third party, or to a case of force majeure.

6.2 Shipping costs

The shipping costs are mentioned on the order form and are calculated according to the country of destination.

Delivery is free for purchases of 150 euros or more (including vouchers and discount coupons) in mainland France only.

Shipping costs for Metropolitan France for orders under 150 euros are 7.90 euros for home delivery and 5.90 euros for point-relais delivery.

International shipping costs vary according to the destination country and are calculated automatically.

For all shipments outside the European Union, any taxes (local, customs or import VAT) may be invoiced upon arrival of the package at its destination and will be charged to the Customer.

6.3 Conformity of the goods

It is the Customer's responsibility, upon receipt of the parcel, to check it immediately and it is advisable to express any reservations to the transporter by registered letter with acknowledgement of receipt within three (3) days of receipt of the parcel.

If the delivered products have been damaged (breakage, shock, deformation...), it is up to the Customer to refuse the parcel(s) by writing the reason for refusal legibly on the delivery slip. The parcel(s) will be returned to THE JANE DE BOY COMPANY and the Customer will be delivered again free of charge.

Article 7 - Right of withdrawal

7.1 Time limit and exercise of the right of withdrawal

Any natural person who acts for purposes that do not fall within the scope of his or her commercial, industrial, craft, liberal or agricultural activity benefits from a right of withdrawal, in accordance with Article L221-18 of the Consumer Code.

The Customer has a right of withdrawal of fourteen (14) calendar days from the day on which the Customer or a third party, other than the transporter, designated by the Customer takes physical possession of the goods.

Once this period has expired, the Customer no longer has the right of withdrawal. If this period expires on a weekend, public holiday or non-working day, it shall be extended until the next working day.

The Customer shall exercise his right of withdrawal without having to justify his reasons or bear any costs other than the cost of returning the Products. The right of withdrawal is exercised without penalty. The Customer benefits from free returns with no minimum purchase for Metropolitan France only, within the limit of one return per order. For overseas departments and other countries (Europe and International), the cost of returning the Product(s) shall be borne exclusively by the Customer.

The Customer shall only be liable for the depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the goods.

The Customer shall inform the Company JANE DE BOY of his decision to withdraw by sending, before expiry of the aforementioned period, the standard withdrawal form to be completed here or any unambiguous statement indicating his intention to withdraw to the following address: contact@janedeboy.com or to the following address:

JANE DE BOY
111 COURS BALGUERIE STUTTENBERG
33300 BORDEAUX

The Customer may also inform THE JANE DE BOY COMPANY of his decision to withdraw via the contact form accessible on the Website.

As the burden of proof for exercising the right of withdrawal lies with the Customer, it is advisable, in the case of sending by post, to send it by registered letter with acknowledgement of receipt.

THE JANE DE BOY COMPANY will acknowledge receipt of the Customer's request by email.

The Products subject to withdrawal must be returned within fourteen (14) days from the date of receipt of the confirmation email from the Company JANE DE BOY to the following address

JANE DE BOY
111 COURS BALGUERIE STUTTENBERG
33300 BORDEAUX

After this 14-day period, JANE DE BOY will accept the customer's return against a credit note only, as an exception, and a penalty of the amount of the order will be automatically withdrawn.

Returned Products must be intact and complete, in their original packaging, and must not have been subject to extended shipping. Products returned incomplete, damaged, used or soiled cannot be accepted.

7.2 Refund in case of withdrawal

In the event that the Client exercises its right of withdrawal, the Company JANE DE BOY will reimburse the payment received from the Client for the purchase of the returned Products no later than fourteen (14) days from the receipt of its request for withdrawal. The Company JANE DE BOY can defer the refund until the receipt of the Product(s) or until the Customer has provided a proof of shipment of the Product(s).

THE JANE DE BOY COMPANY will use the same means of payment that the Customer used for the initial order, unless the Customer expressly agrees that THE JANE DE BOY COMPANY may use another means of payment.

7.3 Exchange in case of withdrawal

Within the framework of the exercise of its right of withdrawal, the Customer can also ask for the exchange of the Product. In this case, the item(s) must be returned within a maximum of fourteen (14) days from the confirmation of exchange by the Company JANE DE BOY.

The Customer benefits from free returns with no minimum purchase for Metropolitan France only, within the limit of one return per order. For overseas departments and other countries (Europe and International), the return costs remain the exclusive responsibility of the Customer.

Products returned damaged, soiled or incomplete will not be exchanged.

The exchanged Product shall be delivered to the original delivery address within a maximum period of thirty (30) days. Failing this, the Customer may cancel the contract by registered letter with acknowledgement of receipt or by writing on another durable medium if, after having enjoined THE JANE DE BOY COMPANY to carry out the delivery within a reasonable additional period of time, the latter has not complied within this period.

7.4 Exceptions to the right of withdrawal

All Products can be retracted, except those excluded by law and referred to in article L221-28 of the French Consumer Code, such as Products that have been personalised on request, Products that have been unsealed and cannot be returned for reasons of hygiene (e.g.: unsealed underwear, lingerie, swimwear, perfumes and cosmetics), audio or video recording Products, etc...

Article 8 - Legal guarantee

In accordance with the regulations in force, the Customer benefits from the legal guarantee of conformity and the guarantee of hidden defects attached to the articles sold on the Website and which appear in articles L.217-4 to L.217-13 of the Consumer Code and in articles 1641 to 1648 and 2232 of the Civil Code.

The Customer is informed that THE JANE DE BOY COMPANY, whose registered office is located at 13 boulevard de la plage in Lège Cap Ferret (33970), is the guarantor of the conformity of the articles sold on the Website within the framework of these two legal guarantees.

It is specified that the guarantees do not apply to the normal wear and tear of certain parts or articles, nor in the case of professional or collective use, nor to damage caused by causes external to the articles.

In the event of non-conformity of the Product(s), the cost of return shipment by the Customer to THE JANE DE BOY COMPANY shall be free of charge or refunded, regardless of the country of shipment.

When acting under the legal guarantee of conformity, the consumer :

has a period of two years from the date of delivery of the goods to act ;
may choose between repairing or replacing the goods, subject to the cost conditions laid down in Article L. 217-9 of the Consumer Code (if neither of these solutions is effective within one month of the date of the consumer's complaint, the latter may demand a refund) ;
is exempted from proving the existence of the lack of conformity of the goods during the twenty-four months following the delivery of new goods and during the six months following the delivery of second-hand goods.

The legal guarantee of conformity applies independently of the commercial guarantee granted.

The consumer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and in this case, he may choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

Article 9 - Customer service

The Customer may contact the customer service department of THE JANE DE BOY COMPANY :

by e-mail : by filling in the contact form accessible on the Website
by phone : +33 (0)5 19 88 01 58

In the event of difficulty, after having contacted THE JANE DE BOY COMPANY customer service and in the absence of a satisfactory response, the Customer may refer the matter to the consumer ombudsman in accordance with Article 13 of these General Terms and Conditions of Sale.

Article 10 - Liability

The Products offered comply with current French legislation and with the standards applicable in France. As a result, the photographs illustrating the Products in support of the text are not part of the contractual field for those that present errors or minimal variations between the photograph and reality, and in the case where these do not concern the essential elements of the Product, in accordance with the applicable case law.

THE JANE DE BOY COMPANY shall not be held liable in the event of stock shortage or unavailability of the Product, disruption or total or partial strike, in particular of the postal services and means of transport and/or communications, flooding, fire. Similarly, THE JANE DE BOY COMPANY shall not be held responsible for the non-performance of the contract in the event of force majeure, as understood by the French Courts.

Hypertext links may lead to sites other than en.janedeboy.com. THE JANE DE BOY COMPANY declines all responsibility in the event that the content of these sites contravenes the legal and regulatory provisions in force.

Article 11 - Protection of personal data

Personal data provided by the Customer shall be processed in accordance with the French Data Protection Act No. 78-17 of January 6, 1978, the Data Protection Directive 95/46/EC and any associated regulations or instruments, as well as any other laws, regulations, regulatory requirements and codes of conduct relating to the protection of personal data or any other legislation, regulations, rules and codes of conduct that transpose or replace the foregoing (including Regulation 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of data ("GDRP") applicable as of May 25, 2018).

In accordance with the French Data Protection Act n°78-17 of January 6, 1978, as amended, and the GDRP, the Customer has the right to access, rectify, delete, oppose and limit the processing of personal data concerning him/her, as well as the right to data portability and the right to define directives concerning the management of his/her data after his/her death.

You can exercise these rights by sending an email to dpo@janedeboy.com or by sending a letter to the following address THE JANE DE BOY COMPANY, 13 Boulevard de la Plage, 33950 Lège-Cap-Ferret, France.

If the Customer has subscribed to THE JANE DE BOY COMPANY mailing list, he/she may unsubscribe at any time from the "My Account" section. Subject to his prior agreement, the Customer may receive offers from other companies by post, email or telephone.

THE JANE DE BOY COMPANY informs the Customer of the existence of the "Bloctel" list of opposition to telephone canvassing, on which he can register by clicking here.

If the Customer has not agreed to receive information from THE JANE DE BOY COMPANY partners, the latter undertakes not to divulge to third parties any information concerning the Customer. The information will only be used to process the order.

All the obligations and rights attached to the Customer's personal data are stipulated in the Privacy Policy attached to these General Terms and Conditions of Sale and accepted by the Customer when communicating his data or validating his order.

All this information is also permanently available in the Privacy Policy.

Article 12 - Intellectual property

All texts, comments, works, illustrations and images reproduced on the sites published by THE JANE DE BOY COMPANY are protected by copyright and intellectual property law throughout the world. They belong to or have been transferred to THE JANE DE BOY COMPANY, which benefits from an exclusive right of use. In this respect and in accordance with the provisions of the Intellectual Property Code, any reproduction or use constitutes an infringement and is punishable under the Intellectual Property Code unless prior written authorisation has been obtained from THE JANE DE BOY COMPANY. Any total or partial reproduction of the sites published by THE JANE DE BOY COMPANY is strictly forbidden.

No stipulation in these General Terms and Conditions of Sale may be interpreted as operating any transfer of intellectual property rights on these signs to the Customer.

Article 13 - Consumer Ombudsman

The consumer customer benefits from the legal guarantee of conformity and the guarantee of hidden defects attached to the articles sold on the Site and which appear in articles L.217-4 to L.217-13 of the Consumer Code and in articles 1641 to 1648 and 2232 of the Civil Code.

The ombudsman's mission is to try, in complete independence and impartiality, to bring the parties together in order to reach an amicable solution.

After first contacting the JANE DE BOY customer service department in writing, and failing a satisfactory response within sixty (60) days, the customer may refer any consumer dispute to the Mediation service.

In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, JANE DE BOY has joined the FEVAD (Fédération du e-commerce et de la vente à distance) Consumer Mediation Service, whose contact details are as follows:

Médiateur de la consommation FEVAD - BP 20015 - 75362 PARIS CEDEX 8
www.mediateurfevad.fr

After consumers have made prior written representations to JANE DE BOY, the Mediation Service may be contacted for any consumer dispute which has not been settled. To find out how to contact the Mediation officer, click here.

However, the customer remains free to accept or refuse mediation and to bring the matter before the competent courts.

The Customer is also informed that he may use the European Commission's online dispute resolution platform to settle his dispute (national or cross-border): https: //www.ec.europa.eu/consumers/odr/.

Article 14 - Applicable law and jurisdiction

The General Tems and Conditions of Sale are subject to French legislation. Any dispute arising in connection with the application or interpretation of this contract shall be submitted to the competent French courts.

In accordance with Article 6.2 of Regulation (EC) No 593/2008 of June 17, 2008 on the law applicable to contractual obligations, this choice does not deprive the consumer residing in the European Union of the protection afforded by the provisions which cannot be derogated from by agreement under the law of his country of residence.