GENERAL CONDITIONS OF SALE AND USE

Preamble

These general conditions of sale are concluded between: Jimenez Transport & Location under the number SIRET 40411740000022, whose registered office is located at 5 Avenue de Fontréal 31620 Villeneuve Les Bouloc.
Email: communication@jimenez-groupe.com

Hereinafter referred to as "The Seller" ON THE ONE PART, and:
Anyone wishing to make a purchase via the Seller's website, at https://jimenez-groupe.com

Hereinafter referred to as “The Client” or “The Buyer” ON THE OTHER PART.

Objects

These General Conditions of Sale aim to define the contractual relationship between the Seller and the Customer, and the conditions applicable to any purchase made through the Seller's merchant site https://jimenez-groupe.com, hereinafter referred to as “the Site”.

By these General Conditions of Sale, the Customer is prohibited from any purchase for resale, within the meaning of Article L 110-1 of the Commercial Code.

The Customer must be at least 18 years old and have the legal capacity or hold parental authorization allowing him to place an order on the Site.

The acquisition of a product through the Site implies full acceptance by the Customer of these General Conditions of Sale. These will prevail over any other general or specific conditions of the Customer.

The Seller reserves the right to modify these General Conditions of Sale at any time. It is, however, agreed that the Conditions applicable to the Customer will be those in force on the date of his order on the Site.

Article ONE: SITE

1.1.The site https://jimenez-groupe.com (hereinafter the "Site") is an e-commerce site accessible via the Internet at the address https://jimenez-groupe.com ou https://jimenez-groupe.fr and is open to any user of this network. It is edited by Cynthia Carrique and published by WIX.COM.

1.2. The Site offers for sale a variety of unisex clothing and accessories intended for young and old (hereinafter the “Product(s)”) to Internet users browsing the Site. For the application hereof, it is agreed that the customer and the seller will be collectively referred to as the "Parties" and individually referred to as the "Party".

1.3. Jimenez Transport & Location reminds that the Products are exclusively dedicated to the personal use of the Buyer and this, without any direct relation with the professional activity of this one. The seller reserves the right to refuse the execution of the order.

1.4. The Buyer declares to have full legal capacity.

1.5. The General Conditions of Sale are intended to define the rights and obligations of the Parties arising from the online sale of the Products offered on the Site.

Article TWO: PRODUCTS

a) Description of the Products

2.1. The Products offered by Jimenez Transport & Location are those which appear on the Site on the day of its consultation by the customer and within the limits of available stocks.

2.2. The products are described and presented with the greatest possible accuracy. The photographs illustrating, in support of the text, the products do not enter the contractual field. As such, if Jimenez Transport & Location tries to represent as faithfully as possible the Products whose photos are displayed on the Site, color variations may occur; in particular because of the technical limitations of the color rendering of computer equipment.

b) Availability of Products

2.3. Limit of available stocks (hereinafter "Order of products in stock").

2.4. The unavailability of the Product must be notified directly on the website

In the event that payment has already been made, Jimenez Transport & Location undertakes to reimburse the customer within 15 days.

2.5. The Products ordered remain the property of Jimenez Transport & Location until full payment has been received.

Item THREE: PRICES

3.1. The prices indicated by the Seller at the time of the order are denominated in Euros including tax, according to the VAT at the rate in force on the day of the order. Any rate change will be reflected without delay in the price of the products offered.

3.2. The price invoiced to the Buyer is the price indicated on the order confirmation sent by e-mail by Jimenez Transport & Location

3.3. Jimenez Transport & Location reserves the right to modify its prices at any time and without notice. The Products will be invoiced on the basis of the rates in force at the time of the registration of the order subject to the availability of the Products. The current rate is that indicated on the Site, except for typographical errors for which Jimenez Transport & Location would not be responsible.

3.4. The price is payable in full and in a single payment upon validation of the order.

3.5. Any outstanding payment will give rise to the invoicing of a flat rate of 25 euros per payment incident. The data recorded by the Site constitutes proof of transactions between Jimenez Transport & Location and the Buyer. The data recorded by the payment system constitutes proof of financial transactions. The sale becomes final after acceptance of the transaction of the secure services.

Article FOUR: PAYMENT

4.1. It is specified that any payment on the site can be made by credit card. Payment for purchases on the Site can be made from France or abroad in complete security, 24 hours a day, 7 days a week, by bank card belonging to the following networks: Carte bleue, Visa, Mastercard, Maestro, Sofort, JCB or via Paypal.

4.2. The user will enter his card number, the expiry date thereof, the name of the cardholder and the visual cryptogram located on the back of the bank card.

4.3. Jimenez Transport & Location reserves the right to refuse to honor any order from a customer with whom it is in dispute, of any nature whatsoever.

4.4. Jimenez Transport & Location uses the secure payment service STRIPE. The integrity of the data exchanged between the Buyer and the secure STRIPE platform is protected against hacking attempts. Confidential data is transmitted encrypted directly to the STRIPE server, without ever passing through the Jimenez Transport & Location servers.

4.5. STRIPE relies on the encrypted exchange protocol SSL (Secure Socket Layer) and provides all the necessary assurances for Internet transactions.

4.6. Jimenez Transport & Location reserves the right to cancel any order that would present a risk of fraudulent use of credit card.

CIN itemQ: ORDER

a) Navigation within the Site

5.1. The User can navigate freely on the Site, without being committed under an order.

Placing an order for products in stock is subject to compliance with the procedure set up by Jimenez Transport & Location, which includes successive stages leading to its validation (selection of items, viewing of your basket, choice and terms of delivery, validation and confirmation of your order, payment).

Before proceeding with this validation, you must read and accept these GCS without reservation by checking the box "I have read and I accept the General Conditions of Sale of Jimenez Transport & Location and I agree to pay my order .

In accordance with article L.221-13 of the Consumer Code, you will then receive electronically, which you accept, a summary confirmation of your order.

b) Registration of an order

5.4. To place an order, the customer must click on the “Add to basket” button. Each new addition to his Basket will be indicated to him by the appearance of a specific screen.

5.5. At any time before the validation of his order, the customer may:

obtain a summary of the Products he has selected and modify his order, by clicking on the "Basket" link,
continue your selection of Products by clicking on "continue my purchases",
complete the selection of Products and validate the purchase by clicking on “order”.

5.6. To order the Products he has thus chosen, the customer will click on the “order” icon and validate the purchase path offered to him.

5.7. An order form will appear on the screen, summarizing: the nature, quantity and price of the Products retained by the User, as well as the total amount of the order.

5.8. The User must identify himself by accurately completing the form for this purpose on which he will include the information necessary for his identification: his first name, last name, email address, password, date of birth, delivery address and address. billing.

5.9. The User is informed and accepts that the entry of his identifier is worth proof of his identity and expresses his consent.

c) Final validation of an order

5.10. The validation by the customer of his order on the Site entails the acceptance of the General Conditions of Sale.

5.11. The User will then be invited to pay for his order by entering his bank details.

d) Confirmation of an order

5.12. When the Buyer validates the payment of his order, a summary is displayed with the transaction number. This summary is also sent by an order confirmation email.

5.13. A shipping confirmation email is sent to the Buyer on the day the Products are shipped, containing the package tracking link.

Article SIX: DELIVERY

a) Terms and delivery times

6.1. The Products ordered are, at the Buyer's choice, delivered to any address anywhere in France. Deliveries are made to the address indicated by the Customer for this purpose.

Your products will be delivered within 1 to 2 weeks from the placing of the order on our Site.

In the event of a delay in delivery in relation to the maximum deadlines announced when placing the order, Jimenez Transport & Location will inform the Customer, who will then have the possibility of canceling his order and being reimbursed immediately.

6.3. The shipping prices are calculated according to the destination and the scales in force by the postal services.

b) Delivery issues

6.4. The Delivery Times are available on the Site and may vary depending on the availability of the products ordered.

Delivery Times are expressed in working days and correspond to the average preparation and delivery times of the Order in the Territory.
The Delivery Times run from the date of Confirmation of the Order by the Seller.

The Seller undertakes to make its best efforts to deliver the products ordered by the Buyer within the deadlines specified above. However, these deadlines are communicated for information only and any overrun may not give rise to any damages, withholding or cancellation of the order by the Purchaser. However, if the products ordered have not been delivered within 40 days after the indicative delivery date, for any reason other than force majeure, the sale may be canceled at the written request of the Buyer or the Seller. . The sums paid by the Buyer will then be returned to him without delay, excluding any compensation or deduction.

The Customer is solely responsible for the non-performance or poor performance of the contract due to a lack of information when placing the Order (incorrect or incomplete address, error in the name, etc.).

6.5. The Customer is required to check the condition of the packaging as well as the Items upon Delivery. It is up to the Customer to make the reservations and complaints that he deems necessary, or even to refuse the package, when the package is obviously damaged on Delivery. Said reservations and complaints must be sent to the carrier by registered letter with acknowledgment of receipt within three working days, not including public holidays, following the date of Delivery of the Goods. The Customer must also send a copy of this letter to the Seller. Failure to file a complaint within the aforementioned period extinguishes any action against the carrier in accordance with Article L. 133-3 of the Commercial Code. The Customer must ensure that the Goods delivered to him correspond to the Order. In the event of non-compliance of the Goods in kind or in quality with the specifications mentioned in the Delivery note, the Customer must inform the Seller by e-mail and return the Goods to the address indicated; the return label will be provided by the Seller.

Article SEVEN: RIGHT OF WITHDRAWAL

7.1. Right to retract

Pursuant to Article L.221-18 of the Consumer Code, you have a period of 15 days from the day after receipt of your Jimenez Transport & Location package. to exercise your right of withdrawal, without having to motivate or justify your decision.

You must then expressly inform Jimenez Transport & Location of your decision to withdraw before the expiry of this period in order to benefit from the guarantees specific to the exercise of this right.

You can exercise your right of withdrawal by completing the form provided for this purpose appearing in the appendices to these General Conditions of Sale or on the medium of your choice by sending it by post to the address Jimenez Transport & Location - 5 avenue de fontréal - 31620 Villeneuve Les Bouloc or by email at communication@jimenez-groupe.com

Jimenez Transport & Location will then immediately send you an acknowledgment of receipt of your withdrawal electronically to the email address provided at the time of your order.

You must return your product no later than 15 days following the sending of your withdrawal using the return slip provided by Jimenez Transport & Location in response to the exercise of your right of withdrawal, whatever the medium, at:

Jimenez Transport & Rental

5 avenue de Fontreal

31620 Villeneuve Les Bouloc

Or by hand directly by making an appointment at the email address: communication@jimenez-groupe.com

The return (direct costs of return only) is the responsibility of the Customer. The product must be returned in its original packaging or any other packaging that does not compromise the integrity of the product, in its original condition, new, unworn, unwashed, tag still attached.

Any accessories provided by Jimenez Transport & Location with the product subject to your withdrawal must also be returned.

Pursuant to Article L.221-24 of the Consumer Code, Jimenez Transport & Location will refund the full amount of your order, deducting the initial delivery costs, on the day the order to which your withdrawal relates has been been received by us, using the same means of payment to make this refund as the one used for payment of the order.

At the end of the withdrawal period, the sale is firm and final.

Article EIGHT: RETURNS, EXCHANGE & REFUND

You can also return any item to us within 15 days from the date you receive our parts for reimbursement or to make an exchange.

You must then expressly inform Jimenez Transport & Location of your decision to return, exchange or refund before the expiry of this period in order to benefit from the guarantees specific to the exercise of this right.

You can exercise your right of return by completing the form provided for this purpose in the appendices to these General Conditions of Sale or on the medium of your choice by sending it by post to the address Jimenez Transport & Location - 5 avenue de fontréal - 31620 Villeneuve Les Bouloc or by email at communication@jimenez-groupe.com

You can proceed with this return request

Jimenez Transport & Location will acknowledge receipt without delay electronically to the email address provided at the time of your order.

You then have a period of 7 days to return your part to the address:

Jimenez Transport & Rental

5 avenue de Fontreal

31620 Villeneuve Les Bouloc

Or by hand directly by making an appointment at the email address: communication@jimenez-groupe.com

The product must be returned in its original packaging or any other packaging that does not compromise the integrity of the product, in its original condition, new, unworn, unwashed, tag still attached.

Any accessories provided by Jimenez Transport & Location with the product subject to your withdrawal must also be returned.

In the event of a return, we will refund your order, with the exception of the initial delivery costs, within 15 days of receipt of the returned product.

In case of exchange, it will be possible within the limit of available stocks.

The exchanged product will then be sent to you within 30 days.

In the absence of available stocks, we will refund your order, with the exception of the initial delivery costs, within 14 days of receipt of the product subject to the exchange.

NEW Article: LEGAL GUARANTEES AND LIMITATIONS OF LIABILITY

All products for sale on the site http://jimenez-groupe.com benefit from the legal guarantee of conformity provided for and defined by articles L.217-4 and following of the Consumer Code and the guarantee against hidden defects provided for and defined in articles 1641 and following of the Civil Code.

9.1. Under the terms of article L.217-4 of the Consumer Code:

“The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility"._cc781905-5cde-3194- bb3b-136bad5cf58d_

Under the terms of article L.217-5 of the same code, "the property complies with the contract:

1° If it is specific to the use usually expected of a similar good and, where applicable:

if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;

if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising and labeling

2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted”. As part of the legal guarantee of conformity, the Customer is informed that in application of articles L.217-7 and following of the same Code:

The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods;

Conformity defects that appear within 24 months of delivery are presumed to exist at the time of delivery, unless proven otherwise. This presumption can be challenged by the seller if it is not compatible with the nature of the good or the alleged lack of conformity;

In the event of a lack of conformity, he can choose between the repair and the replacement of the goods subject to the cost conditions provided for in article L.217-9 of the Consumer Code and the conditions provided for in article L.217 -10 of the same code;

The resolution of the sale cannot however be pronounced if the lack of conformity is minor;

The implementation of the legal guarantee of conformity is exercised free of charge

9.2. Warranty against hidden defects

Under the terms of article 1641 of the Civil Code:

"The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid less if he had known about them”.

As part of the guarantee against hidden defects, the Customer is informed that in application of articles 1642 and following of the same code:

- The action resulting from latent defects is prescribed by two years from the discovery of the defect;

- Jimenez Transport & Location is not liable for apparent defects of which the buyer has been able to convince himself;

- Jimenez Transport & Location is liable for hidden defects of which it could legitimately be aware at the time of the sale;

- After evaluation of the defect, the Customer has the choice to return the item and have the price refunded, or to keep the item and have part of the price refunded.

Products modified, repaired, integrated or added by the Customer or due to improper use for their intended purpose by the Customer are excluded from the guarantee against hidden defects.

9.3. Implementation

For any request concerning legal warranties, you can contact Jimenez Transport & Location customer service:

- By email at communication@jimenez-groupe.com

9.4. Limitations

It is recalled that in application of article L.221-15 of the Consumer Code, Jimenez Transport & Location may be exonerated from all or part of its liability by providing proof that the non-performance or poor performance of the contract is attributable either to the consumer, or to the fact, unforeseeable and insurmountable, of a third party to the contract, or to a case of force majeure.

Article TEN: SETTLEMENT OF DISPUTES AND APPLICABLE LAW

These T&Cs are governed by French law.

Any dispute relating to these GCS will be submitted to the materially and territorially competent French jurisdiction.

Pursuant to Articles L.612-1 et seq. of the Consumer Code, provided you have previously sent a written complaint to Jimenez Transport & Location, you have the right to have free recourse to a consumer mediator with a view to amicable resolution of a dispute between you and Jimenez Transport & Location. You can send this prior complaint by mail to the address communication@jimenez-groupe.com

In accordance with article 14.1 of EU regulation n°524/2013 of the European Parliament and of the Council of 21 May 2013, you can also access the online dispute resolution platform of the European Union (ODR) at the address next :

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR

Article ELEVEN: IT AND FREEDOMS

In order to provide the services offered on the Site, Jimenez Transport & Location may be required to process personal data concerning you, in particular those which will have been collected during your registration on the site, or when placing your order.

The information and data concerning the Customer are strictly necessary for the management of orders, the execution and monitoring of commercial relations, as well as for internal statistical purposes. This data may be transmitted to companies that participate in these relationships (such as those responsible for the execution of services and orders) for their management, execution, processing and payment. This data is also kept in order to pursue the objectives of security, identification, improvement and personalization of services.

The Customer has at any time a right of access, rectification and opposition to the personal data concerning him, under the conditions provided for by the law of January 6, 1978. To do this, he simply has to send an email to address communication@jimenez-groupe.com and the necessary arrangements will be made immediately.

The Customer is likely to receive, from the seller, offers relating to products or services similar to those which have already been the subject of an order, or newsletters. He will have the option at any time to oppose it free of charge for the future, according to the methods specified with each sending.

APPENDIX - STANDARD WITHDRAWAL FORM - ARTICLE L.221-18 of the Consumer Code: _cc781905-5cde-3194-bb3b-136bad5cc-de578d_ 0 3194-bb3b-136bad5cf58d_

WITHDRAWAL FORM

Jimenez Transport & Rental

5 avenue de Fontreal

31620 Villeneuve Les Bouloc

I hereby notify you of my withdrawal from the contract, in accordance with article L.221-18 of the Consumer Code relating to the sale of the product below:

Ordered on ……………………………………

Received on …………………………………………………………………

Order number: ……………………………………………………………………

Name of consumer(s): ………………………………………………………………

Address of the consumer(s): …………………………………………………………

Signature of the consumer(s) (only in case of notification of this form on paper):

Date : ………………………………………………………………

GENERAL CONDITIONS OF SALE AND USE

Preamble

Objects

Article ONE: SITE

Article TWO: PRODUCTS

​

Item THREE: PRICES

Article FOUR: PAYMENT

CIN itemQ: ORDER

​

Article SIX: DELIVERY

Article SEVEN: RIGHT OF WITHDRAWAL

​

NEW Article: LEGAL GUARANTEES AND LIMITATIONS OF LIABILITY

​

Article ELEVEN: IT AND FREEDOMS

WITHDRAWAL FORM