General conditions of sale

GENERAL CONDITIONS OF SALE

Last update : June 2021

1- Subject

These General Terms and Conditions of Sale (hereafter the GTC) aim to define the relationship between, on the one hand, the company Etablissements J.Pansu et Cie, SA with a capital of 430,000 euros, registered in the Paris Trade and Companies Register under the number 572 080 026 and whose registered office is located at 42, rue du Faubourg Poissonnière 75010 Paris - France, its intra-community VAT number is FR78 572 080 026, and, on the other hand, any physical consumer making a purchase from the website www.jules-pansu.com (hereafter referred to as the Site).

The T&Cs include the legal notice and the privacy policy which are an integral part of the T&Cs and are applicable to the website www.jules-pansu.com, offering the online sale of decoration products. These policies should be read before placing an order. Any order placed on the Site implies reading, understanding and full acceptance of these GTC. These GTC are subject to change at any time without notice. Those applicable are the GTC accepted by the Customer when placing the order.

The GTC are accessible from all pages of the site.

2- CUSTOMER

To make a purchase on the Site, you will need to provide information about yourself. You represent and warrant that all such information is accurate and, in particular, that the bank details provided are valid and correct and that you are the person indicated on the billing documents provided. Sales made at retail are strictly for personal use. The purchase of products on the Site is limited to customers who are over 18 years of age and have the full legal capacity to enter into a contract on the Site. We do not knowingly collect personal data from minors. We cannot be held responsible if a minor purchases a product on the Site without authorisation or supervision.

3- PRODUCTS

The products offered for sale on the Site are described and presented with the greatest possible precision. However, the company, Etablissements J.Pansu et Cie does not guarantee the accuracy of the descriptions (specifications, size, weight, composition...), texts, graphics, photographs and other information accompanying the Products. The company, Etablissements J.Pansu et Cie, makes every effort to ensure that the colours of the products are displayed as faithfully as possible on the Site. However, the display of colours depends on your computer equipment and we cannot guarantee that the colours will match the actual product delivered. The dimensions and weights of the products are given as an indication and may vary slightly from one manufacturer to another. The dimensional stability of textiles is variable and is inherent to the composition, texture and climate of the installation site. The products are not washable and any dry cleaning may result in shrinkage. Moreover, we cannot guarantee the colours over time. Indeed, exposure to air, UV and infra red rays inevitably degrade the colours. No recourse can guarantee these phenomena. In addition, the elements accompanying the product (text, photo, description, characteristics...) are not contractual, which the Customer acknowledges and accepts. Etablissements J.Pansu et Cie reserves the right to correct errors or omissions, and to change or update the information at any time without notice. Consequently, the company Etablissements J.Pansu et Cie cannot be held liable in the event of error or omission of any of these elements or in the event of modification of said elements.

4- AVAILABILITY

All products are offered while stocks last. The availability of products is provided at the time of ordering on the product page. In case of unavailability, the Customer has the possibility to ask to be informed of the future availability of products by e-mail. If it turns out that in spite of the vigilance of Etablissements J.Pansu et Cie, the ordered products are no longer available, Etablissements J.Pansu et Cie will inform the Customer by any means (email, telephone) as soon as possible. The Customer may then cancel his order and be reimbursed the amounts already paid, if necessary. The temporary or definitive unavailability would not know how to engage the responsibility of Etablissements J.Pansu et Cie, not more than it would know how to open an unspecified right to compensation or damage and interest in favour of the customer.

5- PRICE

The prices of the products are indicated in euros, all taxes included (TTC), except for delivery costs which remain the responsibility of the customer unless noted otherwise or in particular conditions. The prices take into account the French VAT in force on the day the order is placed. Any change in the VAT rate will be reflected in the price of the products on the date the new rate comes into effect. The price applicable to the products or services is the one indicated on the Site at the time the order is confirmed. The delivery costs will be indicated when the basket items have been confirmed and will be displayed on the summary page of the order. For this, the delivery address must be filled in. In case of delivery outside of the European Community, the prices are exclusive of tax (without French VAT). The display in tax-free appears only when the delivery address is filled in. Customs duties, local taxes and other import charges may be payable. These duties, taxes and other costs are to be borne by the customer.

The customer is informed that Etablissements J.Pansu et Cie reserves the right to modify, at any time and without notice, its prices. The products remain the property of Etablissements J.Pansu et Cie until the payment amount has been paid in full.

6- ORDER

At the time of placing his first order, the Customer opens an account and fills in the various obligatory fields on the order form so that Etablissement J.Pansu et Cie can process the order. During the various stages, the customer can go back on his order at any time to change it before final confirmation. The order is definitively registered when the payment is made. An order confirmation is sent by email to the customer.

Once the order has been confirmed and paid for, it cannot be cancelled under any circumstances.

Special offers are valid while stocks last and during the time that in which the offer in question remains valid.

If the customer wishes to order by telephone, they can do so from Monday to Friday from 9am to 1pm and from 2pm to 6pm (excluding weekends, public holidays and annual closure), all the provisions of these GTC relating to the Site are applicable to the sale by telephone.

7- PRE-ORDER

In case of a shortage of available stocks or refusal of payment authorisation by the banking institutions, we reserve the right to suspend or cancel any pre-order. The express delivery option is not available for pre-orders.

8- PAYMENT

The payment for the products, services and participation in shipping costs must be made in full at the time of placing the order. Payment of the order can be made by debit card (Visa, Mastercard), if offered by cheque made out to JULES PANSU SA (this must be issued by a bank domiciled in Metropolitan France) or if offered by bank transfer (a bank details form is available to the customer in the "Payment" section of the Site). For these last two payment methods, the order is released upon receipt of funds in our bank account. Transactions are secure, encrypted and carried out through a payment provider that implements the 3D Secure measures. We never store your bank details. Transfer of ownership of the products is only made after the order has been paid for in full.

9- DELIVERY & SHIPPING TIME

The products are delivered to the address indicated by the customer when ordering. The delivery and billing address may be different.

Etablissements J.Pansu et Cie delivers its products present on the Site, in Metropolitan France (which includes Corsica and Monaco), in all the countries or destinations proposed. Deliveries to France, Switzerland, Monaco and Andorra are made by Colissimo or the proposed carriers. Deliveries for Europe and other countries are made either by Colissimo international or by the proposed carriers. Shipping costs are to be added to the total price of the order and vary according to the destination country and the weight/volume ratio of the order. If offered, free delivery will only apply to standard delivery. Express and international deliveries are excluded from this offer.

Taxes and customs duties applicable to sales outside the EEC are the responsibility of the customer. For more information, we invite you to consult the customs website of the destination country for delivery.

Orders placed on the Site are generally processed and shipped within 48 hrs/72 hrs excluding weekends, public holidays, annual closures and cases of force majeure. The shipment is carried out after receipt of the order and the payment (excluding weekends, public holidays, annual closures and cases of force majeure). The delivery time includes the time to process the order (entry and preparation), if paid by check or transfer, the receipt of funds and the time of delivery of the package by the carrier. The delivery times are given as an indication only, are not contractual and are valid only within the limits of available stocks, except for special/customised manufacture or pre-orders. For Metropolitan France, the delivery time is about 48/72 hours. For other countries in the European Union, delivery is made within 4 to 8 days and for the rest of the world, delivery is made within 4 to 20 days.

If your basket contains several items, some of which are on pre-order, a single shipment is planned as soon as all products are available.

In case of delay or loss of the goods due to the carrier, or to Etablissements J.Pansu et Cie, no compensation will be due. The Customer waives any claim for damages and compensation for any prejudice caused by this delay.

The Customer can consult the follow-up of his parcel on the site of the carrier, and is invited to contact Etablissements J.Pansu et Cie’s customer service team about any questions or problems encountered.

10- PRODUCT INSPECTION

The customer must check the conformity and condition of the order in the presence of the carrier upon receipt and, if necessary, make any necessary reservations concerning apparent defects. The Customer is invited to contact the Site's Customer Service Team within fourteen (14) working days of receiving the products. After this period, any claim is considered inadmissible.

11- RIGHT OF CANCELLATION / RETURN OF THE PRODUCTS

In accordance with Article L121-20-12 of the French Consumer Code, the Customer has a period of fourteen (14) clear days from receipt of his order, the date on the carrier's receipt signed by the Customer being proof, to exercise his right of cancellation without having to justify his reasons or pay penalties, with the exception of the return costs, which are payable by the Customer. If the fourteen (14) day period expires on a Saturday, Sunday or holiday, it shall be extended to the next business day. The Customer must make this return within the given time limit.

For the Christmas period, orders placed between 15th November and 16th December 2021 will benefit from a 14-day cooling-off period (with a refund) or an extended exchange period until 7th January 2022.

To exercise his right of cancellation, the Customer must send an unambiguous cancellation request to Etablissements J.Pansu et Cie, mentioning the wish to return the products accompanied by information relating to the items and quantities, as well as the customer’s name, postal address, order number, telephone number and email address by email to the following address: contact[at]pansu.com or by post to the following address:

Jules Pansu - E-shop

42 rue du Faubourg Poissonnière

75010 PARIS

France

After having made his request to cancel, the Customer will receive the address of the warehouse where he needs to return the products.

Products must be returned in their original packaging, complete (packaging, accessories, manuals, etc.), intact and unwashed (even by a professional), accompanied by the return slip. Products that have been custom-made or personalised cannot be returned. If the return is due to a product defect, the return postage costs are chargeable to Etablissements J.Pansu et Cie, subject to the confirmation of this defect after examination by Etablissements J.Pansu et Cie. In the event where a customer changes their mind, the return postage costs of the products are borne by the Customer.

The return is at the customer's risk.

12- REIMBURSEMENT / ADVICE

In the case of exercising the right to cancel, the returned products will be the subject of a credit note or will be reimbursed within fifteen (15) days following receipt of the goods. The refund is made on the amounts paid by the Customer, without penalties, except for the return postage costs which remain at his expense. The return postage costs are refunded only in the case of an error attributable to Etablissements J.Pansu et Cie.

In the event where the Customer does not respect the current conditions, in particular, the conditions of return and exchange, Etablissements J.Pansu et Cie will not be able to proceed to issuing either a refund or a credit note for the products in question.

Credit notes issued following a purchase on the Site are only valid on the Site for a period of 1 year.

Warning: Products purchased from a retailer or online store other than www.jules-pansu.com cannot be returned or exchanged by us. Please contact your retailer for their exchange and refund policy.

13- LIABILITY

Etablissements J.Pansu et Cie cannot be held liable for the non-execution of one of its obligations if the poor execution of the contract results from a case of absolute necessity, in fact even from the Customer or from the unforeseeable and insurmountable event of there being a third party to the contract.

Etablissements J.Pansu et Cie does not hold itself liable in any way with regard to the diverted use or the ill use of the products which the Customer ordered.

The transfer of the risks of loss occurs at the time of the delivery, when the customer or a third party designated by him, other than the carrier designated by Etablissements J.Pansu et Cie, physically takes possession of the products within the order.

14- LEGAL GUARANTEE

Etablissements J.Pansu et Cie is bound by the legal guarantee of conformity and that relating to the defects of the products. The Customer is invited to check the conformity of the products received and in the event of a defect, is told to contact the customer service team for the online shop which will ensure it is handled. The replacement product will only be delivered after receipt of the defective product by our services. The liability of Etablissements J.Pansu et Cie is limited to the replacement of the goods or refunding the amount of the invoiced products, with the choice, and with the exclusion of all damages for whatever reason that may be.

15- WARRANTY DISCLAIMER

If the products returned by the Customer do not correspond to the ordered Products and have come from a source other than the online Boutique, www.jules-pansu.com, Etablissements J.Pansu et Cie will not be held to its obligations under article 14.

16- INTELLECTUAL PROPERTY

The Site in its entirety, as well as the products sold on it are the exclusive property of Etablissements J. Pansu et Cie. The company owns the domain name www.jules-pansu.com and the trademarks "Tapisserie d'Halluin" and "Jules Pansu,” are protected by intellectual property law. Each of the elements that make up the Site such as, but not limited to, photos, logos, trademarks, drawings, models, texts, graphic elements, films, site structure, software, etc. are protected by intellectual property rights.

The company, Etablissements J.Pansu et Cie is the only one authorised to use and exploit all of the related rights.

The use of all or part of the Site, in particular by copying, downloading, reproducing, modifying, transmitting, representing and distributing it for purposes other than strictly personal and private use, whether or not for commercial purposes, is strictly prohibited.

17- PARTIAL INVALIDITY OF A CLAUSE

If any provision of these GTC is declared null and void or unenforceable by a competent court, it will be declared unwritten and will not lead to the invalidity of the other clauses in the GTC.

18- APPLICABLE LAW, DISPUTES AND LANGUAGE

These GTC and all content of the Site are subject to French law. The GTC and contracts are written in French, and in the event that the GTC and contracts are translated into one or more languages, only the French version will prevail in the event of a dispute.

In the event of a dispute, the parties agree that they will seek an amicable solution prior to any legal action. In the absence of an amicable solution, the parties agree to submit any dispute to the exclusive jurisdiction of the courts of Paris, France.