Groupe JD PRODUCTION
Riviéra Golf Madison 1 / 63, Avenue de louisiane 06210 MANDELIEU
1- CONTRACT
The catalogues, product lists and flyers are not contractual and are subject to change. Unless expressly agreed by the parties, these general terms are only applicable to the relationship between the parties. Any ordering implies full and unreserved acceptance by the buyer of these general terms of sale.
Only legally capable persons may buy items on the website.
JD Production reserves the right to refuse any Buyer with whom a dispute may exist, or who is unable to provide guarantees of solvency.
JD Production reserves the right to demand full payment at the time of ordering, unless prior agreement has been made and accepted by JD Production. In the event of cancellation of an order by the customer, they latter shall be liable for compensation set at twenty-five percent (25%) of the amount of the order. Where applicable, this compensation will be supplemented to cover the amount of expenses already incurred, plus the shortfall incurred to JD Production..
2- PRICE
The price charged is the price including tax stated by JD Production on the day of ordering (professionals may claim back VAT). If the sale was preceded by a quote or proforma invoice, the validity period of the price stated is limited to one month after the quote or proforma invoice is established.
The total price does not include delivery fees and other administrative charges. Shipping fees shall be re-invoiced as agreed by the parties.
3- TERMS OF PAYMENT
Payment shall be made upfront, except if otherwise agreed and accepted by JD Production, by cheque (from a French bank), bank transfer or in cash, according to the regulations in force.
All failure to pay within the agreed deadlines shall incur a penalty of late payment interest, of an amount equal to the result of its application to the full amount still due at two (2) times the legal interest rate.
TERMS OF SALE
The information given by JD Production on the existence of a restoration or accident affecting the object is provided in order to facilitate its evaluation by the potential buyer, and is at its own personal discretion. The absence of any mention of a restoration or accident in the item description does not imply that an item is free of present, past or repaired defects. Conversely, a mention of a particular defect does not imply the absence of any other defects.
Dimensions are given as a guide only.
Warehouse visits may of course be arranged by appointment, otherwise additional information and photos other than those displayed may be requested by the buyer, to allow them to see the condition of the items for sale.
Goods may either be collected at the warehouse by the buyer themselves, or via a carrier. No complaints shall be considered once an item has been despatched or collected.
In accordance with the legislation relating to the sale of goods and provision of services by mail order, and in particular article L. 121-20 of the French Consumer Code, the Buyer-consumer has a period of 7 full days following receipt of their purchase to return the item without being required to justify their reasons or pay any penalties, with the exception of return postage fees, where applicable.
For deliveries outside of French territory, the provisions set out by the French General Tax Code relating to VAT shall be applicable.
5- TRANSPORT
For reasons of convenience, JD Production may suggest transport or postage solutions to the buyer. The buyer remains solely liable and responsible for transport costs.
The products sold always travel at the customer’s own risk, following collection by the carrier. The delivery or performance time is given as a guide only and is not legally binding, starting from the time of receipt of the customer's order. Delays in delivery or performance cannot be used to justify the cancellation of the order; nor shall they provide grounds for payment of damages in any case. If the products remain in storage for reasons attributable to the customer, JD Production may, without prior notice, claim reimbursement for storage costs, without this reimbursement affecting the conditions of property transfer defined elsewhere. Partial deliveries are possible, and are made as and when possible.
It is the customer’s duty to check that the products match the order and are in good condition as soon they are provided or received. With 48 hours, the customer must express any reservations and take all possible action against the carrier in case of damage, loss of all or part of the item, or missing items. The customer shall be solely liable for the consequences of failure to make a complaint, failure to take action or negligence on this point. Complaints regarding quantity or non-compliance of products or services imputable to JD Production shall only be valid if they are made with precision and in writing to JD Production within eight days of delivery or provision. After this period, no action for non-compliance may be taken.
6- FORCE MAJEURE
In the event of force majeure or events beyond its control, events hindering, delaying or hampering transport, or an interruption of supply, the obligations of JD Production shall be suspended and the delivery times shall be extended in accordance with the duration of the case of force majeure or aforementioned events. This suspension shall not entitle the buyer to damages.
7- CONFIDENTIALITY
JD Production undertakes to refrain from disclosing the information given by the Users of the website to any third parties. This information is confidential. It shall only be used by its internal departments to process offers made by buyers, to improve and customise communication, in particular via newsletters/e-mails, and to customise the website according to the user preferences observed.
8- PENALTY CLAUSE
In the event of non-payment by the customer requiring JD Production to entrust a legal department with recovering the amounts due, a fixed penalty of 12% of the total amount including tax shall be added to the total. This surcharge is established as a penalty clause in accordance with articles 1225 and 1152 of the French Civil Code.
9- TITLE RETENTION CLAUSE
All goods and products delivered remain the property of JD Production until full payment of the price, which alone effects the transfer of ownership. Bills of exchange are considered payments only upon actual receipt. In case of refusal to pay, forty-eight hours after non-response to a formal notice, JD Production reserves the right to cancel the sale and ask for the goods delivered to be returned.
10- INTELLECTUAL PROPERTY RIGHT - COPYRIGHT
The copyright in any and all parts of the site www.chandigarh-design.com is the property of JD PRODUCTION.
Any reproduction thereof even partial is forbidden and will be considered as counterfeiting to their detriment.
Any reproduction of the site www.chandigarh-design.com may therefore constitute an illegal reproduction which may lead its perpetrator to be prosecuted for counterfeiting by the holder of copyright of the site www.chandigarh-design.com.
11- LITIGATION AND COMPETENCE
In the event of any litigation of any kind, for disputes relating to the formation or execution of the order, regardless of the place of delivery, method of payment, notwithstanding the introduction of third parties or multiple defendants, the Commercial Court in Grasse (06) shall have sole jurisdiction, unless the seller prefers to bring the case to another competent jurisdiction.