General Sales Terms and Conditions

GENERAL CONDITIONS AND TERMS OF BUYING, RENTING AND USE

 

 

In conformity with the French Consumption Code and more specifically the article L.111-1 of the same code, this page shows the general terms of buying, renting and use of the website JLF ANTIQUITES (www.jeanlucferrand.com) (then after named the “Site”) and fixes the rights and obligations of the parts in those activities.

 

 

  1. PREAMBLE

ARTICLE 1 – DESIGNATION

The Site and Services upper named are exploited by the society Jean-Luc Ferrand, with the commercial name JLF ANTIQUITES, SARL matriculated in the Bobigny RCS under the n°434 034 195, with a social domiciliation at 85 rue des Rosiers – Stand n°39 Allée 1 Biron Market – 93400 Saint-Ouen, FRANCE

JLF ANTIQUITES society exploits a platform that could be reached from the website www.jeanlucferrand.com  that allows individuals and professionals (both called “Clients”) to buy or ask a quotation for renting furniture and art objects, which list is visible in the website (called “Products”).

ARTICLE 2 – GENERAL CONDITIONS’ OBJECT

Those General Conditions and Terms of Buying, renting and use (then after called “General Conditions”) are in conformity with the French legal obligations, including the French Law of the Consumption and more specifically the article L.111-1 already cited above. They fix the terms and the conditions of buying and renting services, providing of the Products (after called the Services) and allow to define the rights and obligations of the parts in this situation.

ARTICLE 3 – GENERAL TERMS ABOUT GENERAL CONDITIONS

Those General Conditions replace and cancel all other settlement, offer or other writing document or oral anterior agreement with the same subject and ambition. They are applying on all sales and rentals of the Products made by the Website and express the whole agreement of the parts, i.e. here JLF ANTIQUITÉS and the Client.

JLF ANTIQUITÉS allows himself the right to complete and modify at any moment those General Conditions with the publication of a new version on the Site. The General Conditions on application entry into force on the payment’s date. They could also be completed with some special terms, which prevailed on the general ones in case of contradiction.

The General Conditions are available at any moment on the following address: https://www.jeanlucferrand.com/en/general-sales-terms-and-conditions/  and printable at any moment with direct link on all pages.

 

ARTICLE 4 – ACCEPTANCE OF THE GENERAL CONDITIONS

 

JLF ANTIQUITÉS insures himself that the Client has a fully awareness and a knowledge of the existence of the General Conditions since his registering on the website and invites, even the simple visitor, to leave the website if he doesn’t fully joined them.

 

The acceptance is materialized in a straight way with a checkbox at the inscription time with a validation click during the validation time of the order.

 

The Client recognizes that he has benefited from previous advices and information needed to ensure him that the offer correlates his needs.

 

 

 

 

ARTICLE 5 – USING OF THE WEBSITE AND SERVICES

 

The Site and the Services can be reached by any physical person with the whole legal capacity to contract under the bellow the French law forces by committing into the present General Conditions. If not, for any person that disposes of the necessary legal power to contract in the name of the legal person, physical or moral, that she’s representing under the bellow of the French law in forces.

Except with opposite proofs, the information recorded by JLF ANTIQUITÉS constitutes the legal proof of the transactions.

 

 

  1. PRODUCT AVAILABLE FOR BUYING OF RENTING

 

ARTICLE 1 – KIND OF PRODUCTS

 

The Site proposes Products, more specifically furniture, lightings, art objects new and second-hand condition. It could be rare pieces. They are, according their specific characteristics (unrestrictive list) concerning their age, origin, material, condition can be unique. It explains that they can be available on only one exemplary and consequently can’t be replaced or exchanged.

 

In conformity with the article L.111-1 of the French Consumption Code, the Client has de right, before any order on the Site, to discover and be informed of the specificities of each Product that he is interested on. If he needs further information and can ask JLF ANTIQUITÉS by mail à the following address : contact@jeanlucferrand.com.

 

Product’s condition is mentioned on the product sheet, new, very good condition, good condition or in its current condition, and restorations are also notified. Photos and descriptions of available proposed products online are writted the more carefully possible with the more details possible by JLF ANTIQUITÉS. JLF ANTIQUITÉS is only committed for what is precisely mentioned in the description of the product sheet.

 

In any cases the Client acknowledges and accepts that, intrinsically and because of one or several previous possessions, the second-hand products and antiques can have marks, spots, using marks or defects. The selling of the antiques and second-hand items includes, on the Client side, and acceptance and a fully acknowledgment of the age of the Products, that includes also consequently the awareness of the weakness, its current condition and all other specific elements that made its uniqueness and its value.

 

ARTICLE 2 – PRODUCTS AVAILAILITY

 

Products proposed online on the Site are limited to the JFL ANTIOQUITÉS resources. The availability is clearly indicated of the product sheet.

 

In case of rental quotes for a Product also available to the sale, the known or expected date is mentioned on the product sheet so the Client can be informed.

 

JLF ANTIQUITÉS commit itself to do its best to withdrawal of the Site products that are no longer available to the sale, without making an obligation of result. Thus, the Client recognizes and accepts the possibility that the products can be unavailable at the validation moment during the order regarding to speed of the online antiques business. If any situation of this kind happens, and despite all the effort made by JLF ANTIQUITÉS, the Client will be informed without delays and will be integrally refund of the total amount of his order. The Client accepts that this event can’t, in any case, constitutes a ground for establish the JLF ANTIQUITÉS liability.

 

 

  • WEBSITE REGISTRATION

 

The Client that wants to use JLF ANTIQUITÉS services must register on the website in the following terms :

 

ARTICLE 1 – TIME OF THE REGISTRATION

 

Visitors can navigate through the Site without being registered. However, all accept that for benefit from the full integrity of services, the Client has to be registered. This possibility is given to him since his first visit of the website. She should be done, at least, before the order’s validation of the Client.

 

 

ARTICLE 2 – PROCESS OF REGISTRATION

 

The Client has to fill a form dedicated to the registration and completes all the required information such as his last name, first name, mail address, delivery address and phone number.

In case of Professional Client, this quality can only be allowed to him after he gave a legal document that can justified his professional situation (such has the equivalent of the French K-Bis) into the interior design or antiques and furniture business.

 

His login is automatically the email address he gives. He should determinate his password that can be changed at any time. To protect personal data, it’s recommended to change regularly his password and to choose it carefully with enough complexity so it can be used by nobody else.

 

The Client acknowledges and accepts that all incomplete registration will not be confirmed. The Client acknowledge and accepts that his registration at the Services automatically induced a registration to alerting mail (received messages, accepted payments, etc) and recommendations made by JLF ANTIQUITÉS.

 

The Client acknowledges and accepts that in case of conflict between the current general conditions and those of the payment service provider, the current conditions rule.

 

 

ARTICLE 3 – PERSONNAL ACCOUNT

 

The Client registration automatically leads the opening of a personal account under his name (after “Client Account”), giving him access to his personal space (after : “Personal Account”) which allows him to handle his proper using of Services, under a form and technical means that JLF ANTIQUITÉS judges the most appropriated.

 

The Client has to guarantee that all the information he gave in the registration form are exact, sincere and up-to-day. The Client commit himself to update without delay the information in his Personal Account in case of any modification for they still match to the condition previously required about sincerity and regularity. Clients are informed and accept that the information given for create or update their Personal Account constitute a proof of their identity. Since then, the information given by the Client commit himself since their validation.

 

The Client can access at any moment to his Personal Account after logged in with his personal login and password. Into it he can check all his wishlists and orders made on the Webstite and their progress.

 

If the data contained in the Personal Account disappeared one day due to a fortuitous event, a technical breakdown of in case of force majeure, the JLF ANTIQUITÉS liability can be engaged. Nevertheless, JLF ANTIQUITÉS commits itself to keep in a secure way all the contractual information which conservation is required by law.

 

JLF ANTIQUITÉS commit itself to use Services personally and to not allow any other person to use them personally or not, including another Client, except the case they support the full responsibility. By example and without it constitute a exhaustive trait, the fact for the Client to benefit from professional rates and to share them with a unprofessional Client that usually can’t have a discount is constitutive of a violation of the present General Condition and more particularly the commitment made by the Client to use on his personal behalf the JLF ANTIQUITÉS Services.

 

JLF ANTIQUITÉS reserves itself the exclusive right to delete the Account of any Client that had violated the current General Conditions and this deleting can be constitutive of any prejudice for the Client that couldn’t pretend to damages for this reason. This exclusive doesn’t impeach JLF ANTIQUITÉS to begin legal proceeds against the Clients if facts might have justified them.

 

ARTICLE 4 – PRIVACY

 

The Client is informed that he is held accountable for maintaining the privacy of his access data to the Website of JLF ANTIQUITÉS, that includes all use of Services from the Personal Account is deemed be made by himself. If the Account belongs to a Moral Person, lead by several physical persons by example, it’s the responsibility of the Moral Person to enforce privacy obligation.

 

In the hypothetical situation where the Client might note that his account was being abused unwittingly he commits to warn JLF ANRIQUITÉS without any delays in the details of the “Contact” page. In this case, le Client acknowledges the right to JLF ANTIQUITÉS to take any measure that seemed appropriate.

 

 

IV- PURCHASE ORDER AND RENTAL TERMS AND CONDITIONS

 

The Products are sold or available for a renting quotation within the limits of available stocks (v. supra II – ARTICLE 2 – DISPONIBILITY). In conformity with the legal provision of the French Consumption Code, the order process for purchasing and for requesting a renting quotation are described below.

 

ARTICLE 1 – GENERAL PURCHASING PROCESS

The Client can select one or several Products during his browsing on the Website, and add them to his basket.

When he will stop his choice, he must identify himself with his login and his password, or register if he does not have an account. To make an order, he can access to his basket by clicking on the provided button, reachable from any page of the Site.

This button offers the possibility to access to a recap of his basket content, and allows him to verify the quantity and the nature of the Products chosen. He would also be able to check the global final price of his order, and remove one or several Products from his basket. This page also allows him to enter discount codes, if he has one. Professional Clients, who get a personal professional code, can apply it at this moment, if they want to, and verify the global final price of their order.

From this page, the Client would also be able to find the shipping costs of the Products ordered, in accordance with the destination he filled.

The Client who wants to confirm his order will be asked to read and validate the General Conditions, then to confirm his order and to make the payment under the conditions specified below about the Payment Terms and Use information.

Once the payment is effectively received by JLF ANTIQUITES, the latter commit to acknowledge receipt electronically, in a maximal period of twenty-four (24) hours.

Likewise, and in an identical period, JLF ANTIQUITES commits to address to the Client a recap email of his order to confirm him it is processing and to communicate him all the information related to his order.

ARTICLE 2 – PUCHASING WITH AN OFFER PROCESS

Next to listed price of the product, the Client as the possibly the make an offer with the button “Make an Offer”. A window opens inviting the client to fill the price he wants to offer and his details such as his name, phone number and mail address.

The Client is warned that this is a hard offer to contract by buying at the offered price that JLF ANTIQUITÉS can accept if it fits. In this situation, the Client could right after, validate his order and directly pay by his online basket with the offered amount.

If JLF ANTIQUITÉS has several option: it can accept the offer, simply declining it or proposes a counter offer that the Client is free to accept or not.

All the JLF ANTIQUITÉS choices are under its full discretion and its never possible to ask it for justifications.

 

ARTICLE 3 – PROCESS TO REQUEST A RENTAL QUOTATION

The Rental is reserved to rental professionals for (non-exhaustive list) events, cinema, theater or promotional operations. Any new person interested by the rental must indicate its willingness by contacting JLF ANTIQUITES through the information available on the “Contact” page of the Website.

The professional Client who wants to rent, once his choice made, has to login or create an account if does not have one. To get his rental quotation, he first has to add one or several Products to his Wishlist, reachable from any page of the Website. This button allows him to verify the quantity and the nature of the chosen Products, and remove one or several Products from his Wishlist if needed.

To obtain his rental quotation, the Client is invited to click on the ”Ask for a quote” button on the Wishlist’s recap page. A window appears and the Client is invited to enter his rental period with precise dates, and then to click on the validation button to transmit his rental quotation request. The process is also described in the “Rental” page of the Website.

The Seller’s team commits to answer to the Client by mail in a forty-four (48) hours delay, apart from weekends, by proposing a quantified and detailed quotation by mail. It constitutes a firm offer to rent the selected Products that the Client will be free to accept directly if it suits him. The detailed quotation sent by mail will also include specific Conditions of rental. JLF ANTIQUITES precises that the emailed rental quotation does not commits automatically the Client and could be for him information about his project costs. However, the firm offer does not concern the future availability of the objects and is not, by no means, a JLF ANTIQUITES commitment to reserve the objects until the Client’s answer. JLF ANTIQUITES commits to ensure the Product’s availability when the rental quotation is sent back to the Client. Subsequently, JLF ANTIQUITES reserves itself the right to not inform The Client who does not have demonstrated a clear intention to contract. It is the Client’s liability, if he sends back an unambiguous acceptation of the rental quotation, to accept the hazard that the Products availability may have changed during the period between the offer and the acceptance. This hazard does not prevent both parts to proceed to new negotiations in order to lead to a new rental agreement proposition, suitable for both sides.

For the rental to be deed, this is necessary that the Client expresses clearly and unambiguously his acceptance of the rental quotation. The acceptance of the rental quotation sent by mail deems that the Client accepts and fully supports the rental conditions of the Seller. Once the acceptance is made, a lease agreement is concluded between JLF ANTIQUITES and the Client, in which JLF ANTIQUITES commits to ensure the chosen furniture availability during the defined period, in exchange of a deposit check whose amount have been predetermined between both parts. Unless otherwise provided, the Client is held accountable for the shipping, and JLF ANTIQUITES reserves itself the right to force the Client to a certain required level of technical qualification for the shipper in charge of the furniture removal because of the uniqueness, fragility and rarity of the items.

For more information about Products’ rental, see the General Rental Conditions at JLF ANTIQUITES, also available by a simple request to the following email address: contact@jeanlucferrand.com and automatically joined by mail to a rental quotation request.

  1. SHIPPING

ARTICLE 1 – DELIVERY ZONE

The client is informed that shipping is worldwide, unless otherwise provided on the Website at the order confirmation.

ARTICLE 2 – DELIVERY COSTS

Shipping costs are the Client responsibility. They are directly indicated in the Basket, during the order validation on the Website.

For some destinations, the shipping costs calculation can be only obtained by a rental quotation request. Once shipping cost is calculated, the fees will be included in the recap basket to allow the Client to validate and pay his order.

The shipping costs indicated on the Website are a fix and firm offer accepted by the Client when he validates his order during his payment. These costs do not include customs or import duties specific to each country, which are owed, in addition, by the Client. The Client recognizes and accepts this information by validating his order.

The Client can also opt for free a delivery by hand when he is validating his basket, he must check the matching case for that before to pay. I could come pick up the goods at the physical location of JLF ANTIQUITÉS in Saint-Ouen, FRANCE. JLF ANTIQUITÉS commits itself to reach the client by mail to precise him the details about the picking up address and the working hours for doing it.

The Client also can choose his proper shipper. In this situation, he has to check the matching case for that before to pay and it will be free. JLF ANTIQUITÉS commits itself to reach the Client after is buying to give him useful information to organize well the shipping with his shipper. In this situation, the Client is held accountable for get a shipper and to pay him. He must do his best for the shipping organization stay convenient for both the chosen shipper and JLF ANTIQUITÉS.

ARTICLE 3 – DELIVERY TIME

The delivery is ensured either by delivery services or by specialized shippers chosen by JLF ANTIQUITES, considering the characteristics and delivery destinations of the ordered Products.

As soon as the order is confirmed and the Client’s payment received, JLF ANTIQUITES commits to deliver the order within a period of ninety (90) days.

ARTICLE 4 – NON-COMPLIANCE OF DELIVERY DEADLINES AND BREACH OF CONTRACT

Except in case of force majeure, if JLF ANTIQUITES fail to carry out his shipping duty in the period mentioned above, the Client is informed that he has at his disposal, in compliance with the terms of the Article L.216-2 of the French Consumption Code, the opportunity to breach the contract (English equivalent of the French legal term “résolution”). To this end, the Client is first invited to enjoin JLF ANTIQUITES, by registered letter with an acknowledgement of receipt, to deliver the order in a reasonable delay. If JLF ANTIQUITES failed to do so in the aforesaid period, the Client can breach the contract by sending a request under the same terms.

In case of breach of contract in the aforesaid conditions, JLF ANTIQUITES commits to refund the Client for all the amounts paid, including shipping costs, in a period of fourteen (14) days following the termination of the contract.

In any case, the Client is informed that JLF ANTIQUITES can reserve itself the right to propose an alternative settlement to the Client for the refund. It is up to the Client to express, explicitly and on a writing support, his acceptance of the choice of an alternative refund mode.

JLF ANTIQUITES informs the Client that this rescind capacity can apply within the framework of bona fide relationships between the parties and that refund would not be made if it is established that this rescind capacity comes from a dishonest and malicious intention of the Client.

ARTICLE 5 – DELIVERY CONDITIONS

Unless otherwise provided, the Products delivery will be made at the address indicated by the Client, on the ground floor or upstairs, understanding that this is only possible if the merchandise can pass through the stairwell or the lift; the whole process will be made with a vehicle which may reach the size of a trailer.

JLF ANTIQUITES reserves itself the right to propose additional services to the Client; if so, these services are indicated on the Website. It is understood that if the Client wants to subscribe to these services, he must express his wish on the Website before validating his order.

By validating his order, the Client commits to guarantee the accuracy of delivery information he gave. He also commits to guarantee the accessibility of the delivery location, as indicated above in the first paragraph of this article. In addition, to obtain the best possible delivery conditions, the Client commits to give a valid phone number and accepts that it will be communicated to the shipper to arrange the date and time of the delivery and of the re-delivery if needed.

ARTICLE 6 – DAMAGE AND PARTIAL LOSS

In case of a clearly and obviously damaged parcel delivery, containing damaged or incomplete items, it is the Client’s liability to refuse it to benefit from the shipper’s warranty. It is up to the Client to notify this to JLF ANTIQUITES without delay by email, to the contact details mentioned in the “Clients Service” article.

Indeed, by contrast, and in accordance with the article 1.133-3 of the French Consumption Code, the reception of the shipped object(s) extinguishes all rights of action against the shipper for damage or partial loss if the recipient did not notify his justified protest to the shipper, by registered letter on the next three days. The Client is informed and accepts that if he failed to proceed to this formality, he will not be compensated.

JLF ANTIQUITES commits to provide sincere and faithful descriptions of the sold Products, including their condition. It is however specified, given to the specificity of the items sold by JLF ANTIQUITES, particularly the second-hand Products, considering their age, uniqueness, originality and prior use, that the aesthetic defects as the wear condition, scratches or other minor marks cannot not be opposable to JLF ANTIQUITES, which is acknowledged and accepted by the Client.

At all events, in failure of report by the Client, this one is presumed to have received the parcel in good condition. He bears then all the consequences and all the liability.  It extinguishes any possible contestation of his order, unless otherwise provided by law.

  1. PRODUCTS’ PRICES

ARTICLE 1 – PRODUCTS’ PRICES

The Products’ prices are indicated on the Website, on the descriptive note of each object. The price is in Euros (€), including all taxes; any other currency would be clearly indicated if needed.

Prices are firms, without discounts or reductions. JLF ANTIQUITES reserves itself the right to modify prices at any time; the Client acknowledges it and fully accepts it. Therefore, the listed price is only valid in the order day and not for the future. The applicable price for the Client is the one in force the day the order is made.

In case of shipping outside of European Union and on the DOM-TOM, the Client is informed that customs duties and other charges might be due. As indicated earlier (see Part “V. SHIPPING”, Article 2), required formalities and payment of these duties are, in all circumstances, supported by Client and are not, by no means, supported by JLF ANTIQUITES. The Client acknowledges and accepts that he is responsible, before any order on the Website, to find out about the potential formalities that must be done in this framework and about the Product import possibilities to the competent authorities from the delivery country. The Client acknowledges and accepts that he is the only responsible of the fulfillment of the formalities relating to the successful completion of the ordered Product delivery, in the indicated delivery location.

ARTICLE 2 – PROFESSIONNALS’ PRICES

In line with the Article 3, relating to the Registration Process (Part III. REGISTRATION ON THE WEBSITE), the Client is informed that if as a proved Professional status validated by the Website, thanks to the supply of a commercial registry form (K-Bis extract) or any other document proving his professional status, the professional Client benefits from professional rates whose he can benefit via a reduction.

For this purpose, a strictly personal and non-transferable discount code will be communicated to each professional Client, corresponding to a discount percentage which allows him to benefit from a professional price. To benefit from this professional price, he will oversee manually entering this discount code during the basket recap page of his order before its validation.

The professional Client is informed and acknowledges that his personal discount code cannot be combined with another valid discount code. The Client is informed that he can chose to apply the discount code he prefers, without any obligation for him.

It falls to the professional Client to have a responsible, respectful and strictly personal use of his discount code that can be used to benefit from professional rates. In that sense, it is strictly forbidden that he communicates it to another person without being invited to do so by JLF ANTIQUITES. JLF ANTIQUITES reserves itself the right to impose penalties in case of abusive use.

ARTICLE 3 – PRICE ADJUSTMENT

The prices concerned by the article “PRODUCT’S PRICE” (VI, 1) may be subject to an adjustment by JLF ANTIQUITES at any time, in its discretion. These prices are valid once they enter into force, for all posterior orders.

ARTICLE 4 – DISCOUNT AND SPECIAL OFFERS

Occasionally, JLF ANTIQUITES can take the initiative of commercial operations, to propose discounts for the Clients. These discounts are available with a specific discount code, valid during the period indicated on the Website; it is up to the Client to manually enter this code on the recap page of his order, before the final validation of the order.

It is recalled to the Client, including the professional Clients, that a single discount code can be used at a time, and that it cannot be combined with other discount codes.

ARTICLE 5 – RETENTION OF TITLE CLAUSE – PURCHASING

Sold Products remain the entire property of JLF ANTIQUITES until the full payment of their price, in accordance with the present retention of title clause.

In accordance with the article L.216-4 of the French Consumption Code, the risks are transferred at the expense of the Client from the moment the items are given to the shipper.

ARTICLE 6 – RISK TRANSFER AND RENTAL

Throughout the full rental period, JLF ANTIQUITES remains the entire owner of the Product. The risk transfer, however, is borne by the Client from the moment the Products are given to the shipper at the removal. For more information, see the Rental Contract established after the completed rental quotation is sent to the Client.

VII. INFORMATION ABOUT THE PAYMENT

The whole price of the Products is due at the order validation.

The payment of the Products’ prices is made online, by VISA credit card, MASTERCARD or by bank wire transfer. Credit card payments are made via secured transactions supplied by the provider: SOCIETE GENERALE via the payment module SOGECOMMERCE.

Payments can also be made by check payable to JLF ANTIQUITES and sent by post service.

In the context of credit card payments, JLF ANTIQUITES informs the Client that the company does not have access to the Client’s data concerning the means of payment.

Clients guarantee to JLF ANTIQUITES that they have the legal permission to use the chosen mean of payment.

The delivery delay, as explained above, only begins at the date of the effective receipt of the payment by JLF ANTIQUITES, who could prove it by any mean.

In default of receiving the Client’s payment in an eight (8) days delay as of the order, the order will be rescind and the Products will be put back on sale.

Incidentally, JLF ANTIQUITES reserves itself the right to suspend or cancel any order and/or delivery, in case of non-payment of any amount of the price due by the Client, in case of payment incident, or in case of fraud or fraud attempt concerning the use of the Website.

Furthermore, the non-payment by the due date of any amount due to JLF ANTIQUITES will lead to the collecting of penalties equal to three times the legal interest rate, plus a forty (40) euros lump sum for recovery costs. These penalties will be due as of the following day of the unpaid amount chargeability date, without prior formal notice.

VIII. SELLER’S WARRANTY

In accordance with statutory regulations, JLF ANTIQUITES, as a professional seller, give to the Client the legal warranty of conformity and the sold product’s warranty against latent defects (“garantie des vices cachés”).

ARTICLE 1 – LEGAL WARRANTY OF CONFORMITY

Clients benefit from the legal warranties of conformity as set out by the article L.217-4 and following the French Consumption Code.

For this warranty, it is recalled to the Client that he benefits from a twenty-for (24) months period to act, within the items delivery. In case of second-hand goods, this period is reduced to six (6) months.

In accordance with the article L.217-9 of the same Code, the Client can, in any case, chose between:

  • Repair of the good
  • Replacement of the good

It is specified to the Client that this legal warranty of conformity applies independently of any commercial warranty which could be directly granted by JLF ANTIQUITES.

ARTICLE 2 – WARRANTY AGAINST LATEN DEFECTS (“Garantie des vices cachés”)

Besides, any Client benefits also from the warranty against latent defects of the sold thing under the article 1641 of the French Civil Code and whose terms are written in the next legal provisions of the same Code.

In such circumstances, in accordance with the article 1644 of the same Code, the Client can chose between:

  • The purchase rescind, i.e. the thing’s restitution in exchange for the price’s restitution
  • The safekeeping of the thing by way of a selling price’s reduction

The warranty against latent defects implementation, under the article 1641 of the French Civil Code, requires that the Client who notices such failure informs JLF ANTIQUITES without delay with the contact reachable in the “Client’s Service” part, by indicating the nature of the defect, of non-compliance or of the damage noted.

Terms and organization costs for the product return will be borne by JLF ANTIQUITES, and the company will inform the Client about this. The return will need to be done by the Client in the original package, or if not possible, with a package with the same characteristics, to ensure a correct carriage of the object, which should be with his relevant purchase invoice. JLF ANTIQUITES would not accept any return that does not respect the terms cited above.

After the object’s return, JLF ANTIQUITES will proceed with necessary checks to take note about the lack, the defect or the non-compliance noticed by the Client, and could this way proceed to the total refund of the sale price paid and the delivery costs, as soon as possible, not later than fourteen (14) days following the date when JL ANTIQUITES would have inform him about the impossibility to replace the product, in all likelihood, because second-hand objects are unique.

  1. OBLIGATIONS IMPOSED TO THE BUYERS

Without prejudice to any other obligations planned in the present Conditions, the Client, regardless of his status, commits to respect the following obligations:

During the use of the Website and of the services proposed by JLF ANTIQUITES, the Client commits to respect the laws and legal provisions in force and to not infringe upon the rights of third parties or upon the public order.

Under the use of the Services, the Client commits to provide sincere and exact information and data without delay to JLF ANTIQUITES, without any misleading or confusing nature. They commit to update this information without delay so they still correspond to the aforesaid requirements.

More broadly and regarding the provisions in force in the French legislation, the Client commits to act with bona fide and to actively cooperate with JLF ANTIQUITES in the framework of his Services’ use.

In the context of all the required formalities, as administrative, fiscal and/or social formalities, and also the eventual payment of contributions, duties or any taxes borne by the Client, the latter is informed and accept that he is solely responsible of their good completion in all the relation linked with the Services’ use.

Concerning their Personal Space and the access to the Website and its Services, the Client is informed that he has to be connected to the Internet. The quality of the Website access directly depends on the connection’s quality, which he is solely responsible for.

 

 

  1. JLF ANTIQUITES’ LIABILITY

ARTICLE 1 – BONA FIDE GENERAL DUTY

JLF ANTIQUITES commits to provide diligently and honestly his Services. Thereupon, an obligation of means with a full exclusion of any result obligations devolves on JLF ANTIQUITES, and it is acknowledged and accepted by the Client.

ARTICLE 2  – RESTRICTIVE OVERALL LIABILITY CLAUSE

Henceforth, JLF ANTIQUITES’s liability could not be admitted in case of non-implementation or delay in the implementation of the sale contracts because of outer circumstances, force majeure, or also, but not limited to, bad weather, accidents, disruptions, partial or total strikes notably of the postal services and other means of transport or communication.

Incidentally, in accordance with the conditions of common law on civil liability, JLF ANTIQUITES’s liability could not be engaged towards the Client, except because of direct loss towards him only, and arising from a failure by JLF ANTIQUITES to comply his contractual obligations as defined in the present Conditions.

Consequently, it is acknowledged that the Client expressly waives to seek redress to JLF ANTIQUITES for any reason for indirect damages, including the earnings foregone, the missed opportunities (“perte de chance”) or even the losses originate or which are a direct result of the present General Conditions.

ARTICLE 3 – LIMITATION OF LIABILITY TOWARDS THE PROFESSIONAL CLIENT

JLF ANTIQUITES cannot be held liable towards the professional Client for the payment of damages of any kind because of their use of the Services for an amount superior to the invoiced amount paid by the Client to JLF ANTIQUITES.

ARTICLE 4 – EXEMPTION OF JLF ANTIQUITES’ LIABILITY

JLF ANTIQUITES cannot be held liable for momentary difficulties or impossibilities to access the Website, whose origins are extraneous, or are attributable to telecommunications network disturbances.

The unavailability even extended and without a limited time of one or several Products cannot constitute harm for the Client and cannot give rise to an award of damages from JLF ANTIQUITES.

JLF ANTIQUITES could not be held liable of the non-implementation of the contract, which can be attributable in case force majeure, within the meaning given by French laws.

The visual representations of the Products, published on the Website, are guaranteed by JLF ANTIQUITES as an accurate reflect of reality, to answer to his full information obligations. Nevertheless, as the actual technique issues are, the representation’s colors or shapes can differ from one computer to another, or differ from reality depending on graphic tools and the screen’s quality, or also depending on the definition. These variations and differences cannot be, in any situation, attributable to JLF ANTIQUITES, who cannot, by any means, be held liable for it.

JLF ANTIQUITES commits to respect all the applicable provisions in force in France and cannot be held liable for non-compliance of the regulatory and statutory provisions in force in other countries in relation to the Products sold on the Website.

Also, JLF ANTIQUITES cannot, by any means, be held liable for the Products’ misuse, bad maintenance, accidental damages or of an abusive or improper use of the Products after their delivery.

The products in sale on the Website are sold uninstalled, therefore the Client declare to be liable for the Product’s installation, that he should do it in a proper way; he acknowledges and accept it.

Hyperlinks present on the Website can send towards other websites, and the liability of JLF ANTIQUITES could not be held if the content of these sites contravene legal legislation. Also, the liability of JLF ANTIQUITES could not be held if the visit of one of those websites by the Client gives him harm.

ARTICLE 5 – GENERAL RULES FOR ENGAGEMENT LIABILITY

The responsibility of JLF ANTIQUITES could only be held if the Client claims by registered letter with an acknowledgement of receipt, within one (1) month after the occurrence.

 

  1. PROHIBITED CONDUCTS

It is strictly forbidden for the Client or for any user of the Website to use it and/or its content with commercial aims. The same applies to the fact of requesting payment, selling or ceding all or parts of the access to the Services or to the Website and the information inside. The same applies for any practice that would manipulate the Site or its Services for different purposes than the ones it was made for.

It is also forbidden to have any behavior that can turn off, damage, overload, affect the proper functioning of the Website and its Services or its safety and registering measures. The same applies for the acts and actions that could violate the rates and financial, moral and commercial interests of JLF ANTIQUITES, or of its users.

More generally, it is prohibited to contravene these whole General Conditions. In case of failure of these present provisions, or more generally, to the laws and rules in force, JLF ANTIQUITES reserves itself the right to take any appropriate measure and to take legal action.

 

XII. RIGHT OF WITHDRAWAL

Each non-professional Client, in accordance with current regulation, has a withdrawal right that can be executed by seeking for the Customer Service.

ARTICLE 1 – CUSTOMER SERVICE

The Customer Service of this Website is available at : https://www.jeanlucferrand.com/en/contact-us/ or by post service to the following address : JLF ANTIQUITÉS, Marché Biron – Boutique 39, 85, rue des Rosiers, 93400 Saint-Ouen, or also by email: contact@jeanlucferrand.com.

In the two latter cases, JLF ANTIQUITES will endeavor to answer within two (2) business days.

ARTICLE 2 – RIGHT OF WITHDRAWAL – GENERALITIES

The provisions of this present article are strictly reserved to the Individual Client.

The Individual Client testify, in accordance with current regulation, to be informed that he has the faculty to withdraw from the present contract without having to justify with reasons or to pay penalties, with the exception of return costs that stays borne by him and that he must pay.

This possible period of withdrawal expires fourteen (14) days after the day when the Client, or another person than the shipper and nominated by the Client, takes material possession of the item or of the last item if it is a delivery of several goods.

ARTICLE 3 – WITHDRAWAL RIGHT OF EXERCICE

To exercise his right of withdrawal, the Client has to notify to the aforesaid Customer Service of JLF ANTIQUITES his decision to withdraw from the present contract by using an unambiguous declaration by registered letter sent by the post service or by email. The Client is informed that he has the faculty to use the sample withdrawal form available at the end of these General Conditions to proceed to his withdrawal, but that it is not an obligation. Any declaration made to use this right, transmitted before the end of the withdrawal period, is considered as respecting the delay.

After the declaration, JLF ANTIQUITES will remind to the Client the return address of the Products that may be sent back in their original packaging, accompanied of a Website purchase invoice copy not later than fourteen (14) days after the Client communicated his decision to withdraw from the present contract.

The Client is informed that to exercise his withdrawal right in a valid way, the returned Products must not have been deteriorated in any ways and be returned in the exact same condition as they were delivered. The Client shall be liable in case of damages on the Products when they are returned. JLF ANTIQUITES reserves itself the right to deduct additional costs on the reimbursement for the Client depending on the nature of the damages.

It is then precised that the Client’s liability may only be held if the damages or deteriorations are due to a manipulation other than the manipulation necessary to establish the characteristics, nature or functional condition of the Product.

ARTICLE 3 – WITHDRAWAL RIGHT’S EXCLUSIONS

In accordance with article L.221-28 of the Consumption Code, JLF ANTIQUITES informs the Client that his withdrawal right cannot be exercised in the contracts of products manufactured under the Client’s specifications, or clearly personalized.

ARTICLE 4 – WITHDRAWAL EFFECT

It is mentioned to the Client that the exercise of the withdrawal right lead to a refund by JLF ANTIQUITES, at all events and within fourteen (14) day after the reception of the Products returned by the Client, of all the amount paid by the Client, except the return costs. However, JLF ANTIQUITES reserves itself the right to defer refund until the effective physical recuperation of the returned Products.

JLF ANTIQUITES could propose a shipper to the Client, or the Client could freely choose his. It has to be noted that in case of withdrawal, the Client supports the risk charge of the Products during the return.

XIII. FURNITURE’S CERTIFICATE OF AUTHENTICITY

Among the second-hand Products sold by JFL ANTIQUITES, the major part of the items is from the 18th, 19th, 20th and 21st century. Some products can also be new products.

In any case JLF ANTIQUITES commits to clearly mention the edition date, approximate if there is doubts, in any product’s descriptive note.

If the Client wants to, he can make a request to JLF ANTIQUITES by post service or email of a certificate of authenticity for his Product, which can guarantee the edition date defined by the expert team working in JLF ANTIQUITES and also mentioned the name of the editor or designer of the furniture, if he/she is known and documented.

XIV. JLF ANTIQUITES’ NEWSLETTER

By subscribing to the Newsletter, by ticking the provided checkbox or by expressly agreeing to this end, the Client accepts that JLF ANTIQUITES sent him a Newsletter at an indicative frequency of fifteen (15) days, which could include information relative to his activity.

When the Client subscribes to the Newsletter or ticks the provided checkbox, he accepts to receive commercial offers from JLF ANTIQUITES for products and services similar to the ones ordered.

The subscribed Client who would like to unsubscribe to the Newsletter would have the faculty to do so by clicking on the provided link, present in each Newsletter.

  1. PRIVACY POLICY AND PERSONAL DATA

ARTICLE 1 – GENERALITIES

Browsing can be done mostly without giving personal data. Nevertheless, for the Client to benefit from certain services or access his personal account, JLF ANTIQUITES informs the latter that he exercises the collection of personal data being defined as any information, which allows to directly or indirectly identify someone.

More precisely, the collection is made during browsing on the Website, during the Client account’s creation or during purchasing on the Website or in one of the JLF ANTIQUITES’ shops in Saint-Ouen.

The present policy aims to inform the Client of JLF ANTIQUITES’ practices regarding the collection, the using and the sharing of information the Client could be led to give in the aforesaid different cases. JLF ANTIQUITES is liable for this data processing.

ARTICLE 2 – COLLECTED INFORMATION

  • Which allows establishing the identity: surname; name; email address; post address; phone number.
  • Regarding personal life: purchased items, favorite items (Wish list).
  • Statistical utilization data: time stamping of the first and the last connection, pages views, connection time.

ARTICLE 3 – COLLECTION MODALITIES

JLF ANTIQUITES collects as follows:

  • Fair and lawful obtainment and processing of the collected information.
  • Registration for the purposes determined below and in conformity with those.
  • Appropriate use of the information, relevant and not excessive regarding to the finalities.
  • Precautions taken to ensure the data’s security and confidentiality in order to avoid that they could be damaged modified or given to unauthorized third parties.

ARTICLE 4 – COLLECTION PURPOSES

  • Creation and management of a User account
  • On-line order fulfillment until their delivery or request for rental quotation
  • Commercial prospection via offers personalized or not, for Clients or whether for Newsletter’s subscribers
  • Statistical studies and analysis of the purchasing habits of the Clients at JLF ANTIQUITES
  • Data spot check, hosting or computer maintenance

ARTICLE 5 – HOLDING AND TRANSFER OF INFORMATION

The data collected by JLF ANTIQUITES are intended to its own use and to the subcontractors use; subcontractors being defined as contractual providers who need to process purchases and order of the Clients on the Website and the processing of some services proposed by JLF ANTIQUITES.

The subcontractors and service providers are subject to an obligation of confidentiality and can use the data only in compliance with the contractual provisions and the legislation in force.

JLF ANTIQUITES uses all the necessary means in order to take the appropriate measures to ensure the protection, the confidentiality and the security of the personal data given by the Client, in accordance with the legal applicable provision.

ARTICLE 6 – TIME LENGTH OF DATA RETENTION

Personal data will be kept during a three years period within the last trade exchange with JLF ANTIQUITES.

Personal data deletion will be made at a minimum of one time per civil year, except:

  • In case of previous exercise of the data deletion right in the conditions described below
  • In case of a longer length of retention is authorized, or imposed, under a legal or regulatory provision

ARTICLE 7 – SECURITY

Personal data are processed in order to ensure a maximal security.

For this purpose, JLF ANTIQUITES establishes organizational measures to avoid any internally data leakage or theft, technical measures and software updates and appropriate IT infrastructures to protect data against any cyber attack and against virus.

JLF ANTIQUITES checks that its subcontractors and service providers execute all the appropriate security measures for the personal data they process.

JLF ANTIQUITES also commits to analyze and regularly evaluate the efficiency of these measures.

ARTICLE 8 – RIGHTS AND EXERCISE’S MODALITIES

  • Data right of access, which allows to access to a copy of data collected by JLF ANTIQUITES.
  • Right to object: at any moment, the Client can oppose the data processing for marketing aims or to the processing made.
  • Right to erase data and right of rectification: it should be noted that if the law imposes it or in case of legitimate reason, JLF ANTIQUITES can keep some information.
  • Portability right: it corresponds to the right to receive data possessed by JLF ANTIQUITES in a structured, commonly used and readable format and the right for the Client to transmit this data to another processing controller.
  • Right to limitation: it is the possibility, in some case under regulation, of the right to ask for the suspension of a process made on your data.
  • Right to be forgotten: it is the right to define guidelines about the future of your personal data.

The exercise of the rights is made on a simple written request, compulsorily accompanied by a valid credential with the holder’s signature, sent to the head office of JLF ANTIQUITES or via the contact for or by email to the address: contact@jeanlucferrand.com or by air mail to the address mentioned in the beginning of these present General Conditions. Any request has to be clear, precise and justified.

Besides the first contact with the responsible of data protection at JLF ANTIQUITES, the Client has the possibility to contact the National Commission for Data Protection and Liberties (more information on www.cnil.fr) or has the right to lodge a complaint.

XVI.  « COOKIES » COLLECT

Un cookie est une information déposée par le serveur du Site sur le disque dur du visiteur du Site. Il contient plusieurs données relatives à la navigation du Site : nom du serveur, nom du cookie, sa valeur, sa date d’expiration, date de navigation, page et heures. Ces informations peuvent également concernées d’éventuelles données saisies par le Client au cours de sa visite (recherches, login, emails, mot de passe).

En utilisant le Site, le visiteur qu’il soit Client ou non, accepte que JLF ANTIQUITÉS utilise les cookies conformément à ce qui est décrit ci-dessous.

ARTICLE 1 – DURÉE

Les cookies ont vocation à être conservés sur le poste informatique du Client pour une durée variable allant jusqu’à 6 mois, et pourront être lus et utilisés par JLF ANTIQUITÉS lors d’une visite ultérieure du Client sur le présent site. 

Nous utilisons les cookies pour :

– Des statistiques relatives à la mesure du trafic sur le Site afin de comprendre les habitudes des visiteurs qui vienne sur le Site, les pages qu’ils préfèrent et leur zone géographique de provenance

– Améliorer le fonctionnement et l’expérience du Site, notamment en proposant au Client le rappel de ses identifiants et mot de passe de connexion quand il revient sur le Site pour qu’il puisse accéder à son espace Client sans avoir à s’identifier de nouveau.

– Assurer le maintien de la qualité sur le Site et prévenir ainsi tout abus ou toute irrégularité dans le cadre de la rédaction des évaluation et de l’utilisation du Site

Le Site utilise des cookies des tiers suivants :

S’agissant des cookies de statistiques de visite que nous utilisons, nous donnons la faculté à tout utilisateur du Site d’exprimer ou non son consentement  à ce sujet avant la collecte de ses données. Il a également la possibilité de désactiver ces cookies dans les conditions de l’article « Droit d’opposition à l’implantation du cookie et modalités de suppression » ci-après.

ARTICLE 2 –  DROIT D’OPPOSITION A L’IMPLANTATION DU COOKIE ET SUPPRESSION

Le Visiteur dispose de la possibilité de bloquer, modifier la durée de conservation, ou de supprimer le cookie via l’interface de son navigateur, chaque Navigateur bénéficiant de sa propre démarche de paramétrage, cette dernière se trouvant le plus communément dans les outils, les options de vie privée ou de confidentialité. Il est conseillé, pour obtenir de plus amples informations, de se référer directement au fonctionnement propre à chaque navigateur.

Le Visiteur est informé qu’en cas de désactivation systématique des cookies sur son navigateur, il ne bénéficiera pas de certains services ou fonctionnalités fournis par JLF ANTIQUITÉS. Ce dysfonctionnement ne saurait constituer, en aucun cas, un dommage pour le Visiteur, ce dernier ne pouvant donc légitimement prétendre à aucune indemnité de ce fait.

L’Utilisateur est également informé qu’il dispose de la possibilité de supprimer a posteriori un cookie préalablement présent sur son ordinateur en se rendant dans le menu de son navigateur. Il reconnaît alors que cette action lui fera perdre le bénéfice apporté par le cookie et devra, en toute hypothèse, saisir à nouveau toutes les informations le concernant.

 XVII. INTELLECTUAL PROPERTY PROTECTION

All the elements composing the present Website are the property of JLF ANTIQUITES and are protected by the legislation in force relating to intellectual property. This property extends to all the textual content and also graphic, photographic, and on Website structure, the name or any other component.

The User, and also the Client, acknowledge that any copy, total or partial, any diffusion or exploitation of one or several elements of the Website, even modified, without express authorization from JLF ANTIQUITES, would may lead to legal proceedings against them by JLF ANTIQUITES or its beneficiaries.

Incidentally, the User and the Client acknowledge to be informed that intellectual property rights protect the present General Conditions. Any reproduction, even partial, of this present document, may lead to legal proceedings.

XVIII. MODIFICATION OF THE GENERAL CONDITIONS

JLF ANTIQUITES reserves the right to modify these General Conditions at any moment. The applicable conditions are the ones in force on the day of the order’s payment.

Either way, JLF ANTIQUITES commits to keep all the previous versions of the General Conditions in order to be able to send a copy to any Client who make this request.

XIX. APPLICABLE DUTY AND COMPETENT JURISDICTION

The present General Conditions are under the application of French Legislation.

In case of objection about the validity, the interpretation and/or the implementation of the General Conditions, the parties recognize the Seine Saint-Denis Court and the Paris Court as exclusively competent to judge, unless contrary mandatory rules.

In case of litigation with a Client with a trader status, in accordance within the sense given by the French legislation jurisdictions, the exclusive competence is attributed to the Courts responsible of the area of JLF ANTIQUITES.

  1. MEDIATION

The provisions of this article exclusively concern the individuals Clients, not professionals.

In accordance with the articles L.152-1 of the French Consumption Code, every Client has the right to resort for free to a mediator in order to resolve amicably the dispute with a professional.

In case of a dispute about these present General Conditions, the individual Client can resort for free to a consumer mediator in accordance with the articles L152-1 of the Consumption Code.

A list approved mediators is available on Consumption Mediation Website at the following address :

https://www.economie.gouv.fr/mediation-conso/liste-des-mediateurs-consommation

This link is also available on the Website, on the “Help/FAQ” section.

In case of failure in the mediator nomination or in the mediation itself, the first party to make a request can have recourse to the competent Court in accordance with the following article “Applicable law and competent jurisdiction”.

XXI. SEVERABILITY CLAUSE 

Assuming a situation where one of the clause of these General Conditions would be declared null and void by a justice declaration, the invalidity cannot prevail the invalidity of the whole other clauses that continue to be effective.

XXII. NON-WAIVER

The fact, for the parties, to not exercise their rights/claim (se prévaloir?) temporarily or permanently of/for one or several clauses of the present General Conditions, shall under no circumstances be interpreted as being a waiver of the claim of the rest of the General Conditions (hum pas sur du tout).

XXIII. ENTRY INTO FORCE

The present General Conditions are entry into force on the October the 4th 2018.

APPENDIX 1 – WITHDRAWAL FORM

If a customer wants to withdraw his order, he can use the following form.

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SAMPLE WITHDRAWAL FORM

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(Please fill in and send back this form only if you want to withdraw the contrast.)

For the attention of JLF ANTIQUITES, Marché Biron, Stand 39, 85 rue des Rosiers, 93400 Saint-Ouen, Telephone: 06 21 35 03 08 and email address: contact@jeanlucferrand.com

I/We (*) would inform by this form my/our (*) withdrawal from the contract concerning the sale of the following item:

Name of the Product(s) and quantity: ……………………………………………………..

Ordered/Received (*) on the: ………………………………………………………………….

Name of the customer(s): ………………………………………………………………………..

Address of the customer(s): …………………………………………………………………….

Signature of the customer(s) (only if this form is filled in on paper): …………

Date: ………………………………………………………………………………………………………

(*) Delete as appropriate

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