GENERAL TERMS AND CONDITIONS OF SALE
Internet sales for individuals
ARTICLE 1 : Identity
The website www.jingweishop.com belongs to Jingwei Shop company, a limited liability company with a capital of 3 000 euros, whose headquarter is located at 41 Route du Dolmen, 37360 Saint Antoine du Rocher, registered in the Trade and Companies Register of Tours under number 791 678 808 00019, with the inter community Value Added Tax number FR69791678808.
Phone number : 09 83 73 35 72
Mobile phone number : 06 99 41 83 44
Email : firstname.lastname@example.org
ARTICLE 2 : Applicability and opposability of the general terms and conditions of sale
These general terms and conditions of sale are kept available for the customers of Jingwei Shop Company, and apply to any sale proposed by Jingwei Shop Company and for the duration of time that these sales are made available on the www.jingweishop.com website.
If the visitor on Jingwei Shop website doesn’t agree the general terms and conditions of sale, he cannot buy the products offered for sale on the website.
Therefore, the act of buying products on the Jingwei Shop website leads to full and unconditional acceptance of these general terms and conditions of sale.
Jingwei Shop reserves the right to modify at any time these general terms and conditions of sale.
Modifications will be brought to the attention of customers by their publication on the www.jingweishop.com website.
Modifications will be applicable to all sales realised after their putting-on-line.
No special or contrary condition made by the customer may prevail over these general terms and conditions of sale. Therefore, any special or contrary condition made by the customer will be non-invocable to Jingwei Shop.
The customer acknowledges that these general terms and conditions of sale apply to the customer within the context of his contractual relation with Jingwei Shop.
The fact that Jingwei Shop doesn’t avail itself at one time or another of any of these general terms and conditions of sale shall not be considered, in any circumstances, as a waiver of its right to be prevailed lately.
Furthermore, if one or more provisions of these general terms and conditions of sale become non valid or non-applicable as a result of a legislative or regulation provision or of a court decision, all other provisions shall remain applicable and fully effective.
ARTICLE 3 : Products
The products, their composition and their consumption pattern, are described on the www.jingweishop.com website.
The pictures presenting the products on the website have only an indicative value.
ARTICLE 4 : Orders
To be available, the order must specify in particular the quantity, the type and the references of the purchased products.
Orders are considered to be definitive after written, fax or email receipt of order confirmation by Jingwei Shop Company.
Unless otherwise agreed, the order confirmation by clicking the checkbox “I agree the general terms and conditions of sale” involves for the customer the full acceptance of the general terms and conditions of sale of Jingwei Shop, and the recognition of having fully learned it.
The fact of clicking on the « Submit order » button at the end of the ordering process implies the complete and unconditional acceptance of this order.
The beneficiary of the order is personal to the customer and cannot be conceded without the agreement of Jingwei Shop Company.
Any modification or cancellation of an order requested by the customer may be taken into consideration only if it is in writing and received before the product shipment.
If Jingwei Shop Company does not accept the modification or cancellation of the order, only the products value can be paid back.
ARTICLE 5 : Right of withdrawal
In accordance with Article L. 121-20 of the French Consumer Code, the user is informed that he has a SEVEN (7) clear days deadline from the receipt of the order confirmation from Jingwei Shop Company to cancel his order, without having to justify reasons or to pay penalties.
Jingwei Shop shall be obliged to reimburse the consumer the amounts paid as soon as possible and within a maximum of THIRTY (30) days following the date on which the consumer exercises his right of withdraw.
Beyond this date, the amount that is due shall accrue interest as of right at the standard interest rate that is in force at the time.
Such refund may be made by any payment means.
On a proposal by Jingwei Shop, a consumer who have exercised his right of withdraw can also opt for another refund means.
The customer will only have to bear the cost of return. Consequently, the shipping costs paid at the time of the validation of the order must be repaid to the customer.
To exercise the right of withdraw, products packaged in sterile packs must not be opened and have to be returned in their original packaging and with their relevant invoices.
ARTICLE 6 : Prices
Except in case of a specific agreement, the prices are all VAT included, plus delivery expenses, on the basis of the tariffs communicated to the purchaser.
Any tax, duty, fee or other service payable under the French regulations, under an importing country regulations or under a transit country regulations, are payable by the customer only.
The products are supplied at prices prevailing at the time of the order, expressed in Euro, including VAT.
It is expressly agreed that Jingwei Shop Company reserves the right to modify its prices. Price changes apply to orders of the purchaser which are issued after the on-line release of the new prices.
ARTICLE 7 : Delivery
Any order not paid in advance cannot be shipped.
The delivery is done by the customer selection by So Colissimo, carrier or to be collected from Jingwei Shop headquarter (41 Route du Dolmen, 37360 Saint Antoine du Rocher), to the postal address indicated by the buyer at the time of order.
Deliveries are made according to availability and in the order of arrival of orders.
Delivery times are indicated as exactly as possible, but may vary depending on Jingwei Shop Company supply and transport possibilities. They shall be indicated at the time of the order.
In the case of a failure to comply with this deadline, or without delivery time or product availability modification information provided to the customer, the customer may rescind the sale and will be reimbursed under the withdrawal conditions (ARTICLE 5 : RIGHT OF WITHDRAWAL).
In the case of a failure to comply with the deadline exceeding SEVEN (7) days and not due to a case of force majeure, the customer has the right to cancel his order by registered letter with acknowledgement of receipt.
If so, the order will be considered canceled at the time of receiving by Jingwei Shop the letter from the customer informing Jingwei Shop of his decision, and if the delivery has not been carried out between the sending and the reception of this said letter.
The customer exercises this right within SIXTY (60) clear days following the indicated date of delivery of his order.
Jingwei Shop Company is released of its obligation to deliver in the case of a force majeure.
In any case, delivery on time can be made only if the customer is up to date of his payments of the purchased products and delivery costs.
The products are deliverable including delivery costs at the agreed location, following the agreement of Jingwei Shop Company.
Jingwei Shop asks to the customer if he would report any damages to the parcel occurred during the transport, and any loss of its contents, and to report it with the carrier, as quickly as possible. In case the carrier refuses to make the report, the customer shall record it on the bill of delivery and have it signed by the carrier.
However, Jingwei Shop may be exonerated from all or part of its liability by providing proof that the non-execution or the incorrect execution of the contract is attributable to the customer, to an unforeseeable and insurmountable fact, to a third party of the contract or to force majeure event.
ARTICLE 8 : Reception of the order
Without prejudice measures to be taken towards the carrier, claims for defects or non-compliance of the product delivered with the ordered product or with the packing slip must be specified by registered letter with an acknowledgement of receipt within EIGHT (8) days after the order arriving.
It is up to the customer to provide all proof concerning the reality of the noticed defects or non-conformities.
The customer will have to leave Jingwei Shop Company very facilitated to proceed to the observation of these defects or non-conformities to correct them.
The customer will avoid to interfere by himself or to let any third party operate in this matter.
In the event of an apparent defect or non-conformity of the delivered products, duly noted by Jingwei Shop Company under the conditions set out hereinabove, the customer may obtain a free replacement or the refund for the products at Jingwei Shop’s discretion, to the exclusion of any compensation or consequential damages.
ARTICLE 9 – Warranty
In the event of delivery error in comparison with the purchased order, the customer shall report it in writing to Jingwei Shop Company, accompanied by the product concerned, as new and in the original packaging, within 15 clear days at the location :
Société Jingwei Shop
41 Route du Dolmen
37360 Saint Antoine du Rocher
Jingwei Shop has to deliver products which are in conformity with the sales contract, and is responsible for any lack of conformity existing at the time of their delivery.
The customer profits from the legal tendencies relating to the guarantee of the latent defects, in particular under the terms of the Articles 1641 and following of the civil code.
The indicated expiration date of the products must be respected by the customer.
Jingwei Shop responsibility is limited to the value of the product involved.
ARTICLE 10 : Payment
The payment is made in Euro before the delivery, by bank card, check, Paypal or cash.
For a payment by bank card, the customer must indicate the bank card seven-digit number, the expiration date and the Card Verification Value on the back of the card.
The delivery will be down only after reception of the full payment for the total price all inclusive.
Invoices are drawn up for each delivery.
ARTICLE 11 : Retention of title clause
THE TRANSFER OF OWNERSHIP OF THE PURCHASED PRODUCTS IS SUBJECT TO COMPLETE AND FULL PAYMENT OF THE PRICE TO JINGWEI SHOP COMPANY.
ARTICLE 12 : Risks
In the case of damage, loss or missing products, the customer has to report it with the carrier.
The customer is recommended to contact and informe Jingwei Shop.
Only Jingwei Shop will have to go through the filing of a claim in the name of the carrier.
ARTICLE 13 : Applicable law - Competence – Contesting
The French law is applicable to the sale contracts between the customers and Jingwei Shop Company.
In the case of a dispute concerning the interpretation or the application of their agreements, and before any legal argument, the parties will seek an amicable agreement and will communicate to this effect all the necessary elements of information.
If no amicable agreement can be reached, the dispute shall be submitted to the competent court.
ARTICLE 14 : Legal informations
In accordance with the French law “Informatiques et Libertés” (Information and freedom), the processing of data relating to customers is the object of a declaration made to the “Commission Nationale de l’Information et des libertés” (CNIL) (National Commission for Information and Freedom).
The customer has the right (Article 34 of the Law of 6th January 1978) to access, modify, correct or remove personal data and can exercise this right with Jingwei Shop Company.
Jingwei Shop agrees not to communicate the customer contact information to third parties, whether free of charge or in exchange of payment.
The texts and images available on www.jingweishop.com website are the property of Jingwei Shop Company. Any copy or reproduction of it is prohibited.