PRESENTATION OF SAS JAGGER & LEWIS
SAS JAGGER & LEWIS, hereinafter called "Jagger & Lewis", is a simplified joint-stock company with a capital of two hundred and fourteen thousand three hundred (214,300.00) Euros, whose head office is located at 18 Flandre residence, in Croix, 59170, registered with the Lille Métropole RCS under number 812 373 868 and represented by Alexandre Delille as Managing Director,
Whenever they are used in the body of this document in capital letters, the terms below will have the meaning attributed to them below, regardless of their gender or number:
• BUYER: means the natural or legal person who has placed one or more orders, one or more PRODUCT(S) and/or SERVICE(S), followed by their effective payment, through the SITE and/or SERVICES published by JAGGER & LEWIS
• CONTRACT: designates the whole constituted by these stipulations, possibly supplemented by an order form and/or special conditions issued by JAGGER & LEWIS, if necessary by their appendices and any amendments to the exclusion of any other document, in particular those that may be issued unilaterally by the BUYER before or after the formation of the contract.
• DATA: designates all the information and data of the BUYER or the USER as well as the dog under his control, generated by the implementation of the SERVICES and/or PRODUCTS or processed by them, under the responsibility of the BUYER. This term includes PERSONAL DATA.
• PERSONAL DATA: means within the meaning of the Data Protection Act of January 6, 1978 (modified by the decree of November 4, 1991 and by the law of August 6, 2004 transposing Directive 95/46/EC), any information relating to a person physical identified or which can be identified, directly or indirectly, by reference to an identification number or to one or more elements specific to it
• JAGGER & LEWIS: refers to the SAS JAGGER & LEWIS mentioned in the preliminary article hereof.
• THE PARTIES: designates JAGGER & LEWIS and the BUYER as contracting parties hereto.
• PRODUCT(S): refers to any physical object, in particular connected objects, sold by JAGGER & LEWIS
• SERVICES: designates all the applications, programs and software solutions, free and/or paid, corresponding to the BASIC SERVICES and/or SUBSEQUENT SERVICES, made available to the BUYER in execution hereof.
• BASIC SERVICES: designates all the services and free software solutions that JAGGER & LEWIS undertakes to provide to the BUYER in execution hereof.
• SUBSEQUENT SERVICES: refers to all paid software services and solutions that JAGGER & LEWIS undertakes to provide to the BUYER in execution hereof, following a purchase made by the BUYER on the SITE or the SERVICES.
• SITE: refers to the website accessible at the following address: http://www.jagger-lewis.com
• USER: may designate the BUYER as an effective user - consumer of the PRODUCT(S) and/or SERVICE(S) offered by JAGGER & LEWIS or any other recipient as a consumer, authorized by the BUYER to use of the PRODUCTS and/or SERVICES in accordance with the stipulations of the Contract, under the responsibility of the BUYER.
2. CONDITIONS OF APPLICATION OF THESE GENERAL CONDITIONS
These general conditions determine the contractual conditions applicable to the supply of the products and services offered by JAGGER & LEWIS to the BUYER.
The BUYER declares to have read these terms and to have accepted them without reservation before acquiring the Products and subscribing to the Services.
These general conditions are applicable to the exclusion of all other general conditions of sale or purchase appearing on the proposals, offers, acknowledgments of receipt, invoices, correspondence, or printed matter issued by THE BUYER. No modification of these general conditions will be deemed accepted by JAGGER & LEWIS without prior express written consent on its part.
The purpose of this AGREEMENT is to define the conditions under which JAGGER & LEWIS makes the PRODUCTS and SERVICES available to the BUYER, and the conditions under which the BUYER or the USER can access them.
This AGREEMENT is applicable to all means and actions allowing:
• the presentation of an offer of Services or sale of Product(s) to the BUYER published by JAGGER & LEWIS
• the acceptance of this offer through the conclusion of the CONTRACT and its execution.
4. ORDER REALIZATION & PAYMENT
A description of the PRODUCTS and SERVICES offered by JAGGER & LEWIS on the SITE and/or the SERVICES is made available to the BUYER.
The BUYER is thus reminded that JAGGER & LEWIS is only bound by these General Conditions of Sale, the descriptions, characteristics, presentations of features and prices on media published and directly presented by JAGGER & LEWIS.
It is up to the BUYER to check the compatibility of the PRODUCT(S) and SERVICE(S) as described in the elements listed above, with his own needs or those for which he intends them.
The photographs and/or videos of PRODUCTS or SERVICES are provided for information purposes only and not for information purposes. Having no contractual value, these must not be decisive for the BUYER's consent to the order of PRODUCT(S) or SERVICE(S).
5. PRICE, FEES & TAXES
This contract is concluded at the prices and conditions set out by JAGGER & LEWIS to the BUYER on the date of his order of PRODUCT(s), and/or when he subscribes to SERVICES.
The prices and terms presented by JAGGER & LEWIS may be modified at any time. Also, only the price and terms that are presented to the BUYER at the time he places an order are applicable to him.
The price of SERVICES and PRODUCTS are always expressed excluding any delivery and transport costs and do not include customs fees, taxes (including VAT when this is due) and duties of any kind to allow the delivery and use by the BUYER of the PRODUCTS and/or SERVICES, all of these costs, duties and taxes being the sole responsibility of the BUYER, so that JAGGER & LEWIS collects a net price.
Depending on where the BUYER is connected, prices may not include taxes. JAGGER & LEWIS is not required to inform the BUYER of the taxes, duties, duties or other benefits in force in the country to which the PRODUCTS and/or SERVICES are sent or in which they will be used by the BUYER. The latter is required to obtain information from the competent authorities.
As a result, any tax not indicated during the ordering process remains payable to the BUYER, in view of the applicable legislation and at the expense of the BUYER.
The prices are printed in euros. They may therefore be offered to the BUYER in a currency that does not correspond to the currency used in the State in which the BUYER resides. The BUYER should find out about the applicable fees and exchange rates when placing an order, in particular with regard to the means of payment he wishes to use and which is offered by the site.
Any delivery and transport costs are mentioned before validation of the order and invoiced in addition unless otherwise indicated at that time by JAGGER & LEWIS. This indication may take the form, in a non-exhaustive way, of a reduction voucher, a gift card or a special offer.
The BUYER will be able to read the details of his basket by clicking on the “Basket” icon. He can then include discount vouchers and gift cards available to him, in compliance with the terms of these vouchers and gift cards, so that the total price indicated takes this into account.
6. INFORMATION REQUIRED FOR ORDERING AND DELIVERY
To place an order for PRODUCT(S) and/or SERVICE(S), the BUYER may choose to place his order on the SITE.
In order to allow proper execution of the order and the delivery, the BUYER undertakes and guarantees to communicate only truthful, complete and updated information and in particular his: surname, first name, email address, complete physical address, number phone.
And, where applicable, information relating to the recipient of the order, if the latter is different from the BUYER, and after this third party recipient has given his prior agreement to receive the order and authorized the communication to JAGGER & LEWIS of DATA PERSONAL concerning him.
The aim is to allow JAGGER & LEWIS to have the information necessary to draw up the invoice for the order placed by the BUYER, to identify the latter and to make the delivery according to the methods detailed in article 5.2. hereof.
The BUYER, once his basket has been completed and his identification has been made, will be offered a choice of different delivery methods, invoiced at the price indicated for all the PRODUCTS and SERVICES making up his basket.
Unless expressly stated otherwise, coupons and gift cards do not apply to the price of delivery.
A summary of the information relating to the order, its content and the delivery method chosen is made available to the BUYER in order to enable him to check the details.
This summary will also include the price of the order, the delivery price and the delivery method chosen by the BUYER, the total indicating the price to be paid effectively within the framework of the order. It is brought to the attention of the BUYER that this price does not include customs fees and may not contain all the taxes that he may have to pay under the legislation applicable to him.
The BUYER must click on “Finalize the order” in order to confirm and finalize his order. He is then given an order number.
As long as he has not clicked on this button, the BUYER retains the possibility of editing, modifying the information relating to the order, its content and the delivery method (in particular the billing address and/or shipping, shipping method).
The confirmation of the order leads to the conclusion of a contract between the BUYER & JAGGER & LEWIS. By this contract the BUYER declares and acknowledges accepting without reservation:
• the offer presented by JAGGER & LEWIS on the SITE and/or SERVICES
• these General Conditions of Sale
• unless expressly stated otherwise, immediate payment of the sale price in full to JAGGER & LEWIS.
JAGGER & LEWIS will then send the BUYER, as soon as possible, an e-mail acknowledging receipt of the order, acceptance and payment of the BUYER's order, to the address indicated during the ordering process. He will be sent a second e-mail allowing access to the tracking of the package.
8. OBLIGATION OF PAYMENT & FIGHT AGAINST FRAUD
The BUYER declares and acknowledges, once the order has been finalized, to be bound by an obligation to pay with regard to JAGGER & LEWIS. The absence of any payment prevents any formation of the order.
It is made available to the BUYER various means of payment to choose from, in order to proceed to the payment of his order, these means being indicated during the finalization of the order.
In particular, it is possible to pay for your order by means of a payment and/or bank card. Transactions are carried out through transaction collection platforms allowing payments to be collected by means of Master Card, Visa Inc, Discover and American Express cards in particular: The “Stripe” service.
Once this choice has been made, the BUYER will be asked to complete a form to identify the payment method chosen.
The payment methods offered are published and produced by third-party companies. Therefore, JAGGER & LEWIS never has access to the BUYER's bank details.
In order to prevent any fraud, JAGGER & LEWIS has implemented order verification procedures to block and, if necessary, cancel an order in the event of detected fraud. JAGGER & LEWIS will then notify the BUYER by e-mail to the address indicated by him. If this cancellation is incorrect, the BUYER must contact JAGGER & LEWIS customer service using the contact form available on the SITE.
In order to constitute and keep a copy of the elements allowing the conclusion of the contract, JAGGER & LEWIS archives the communications, purchase orders and invoices on its servers.
The BUYER has the possibility of accessing all the elements concerning him through his personal account or by simple request to the email address firstname.lastname@example.org
10. MAKING DELIVERY
The BUYER or the third party he has designated to take delivery of the delivery is required to observe certain precautions with regard to delivery, in particular:
• his presence or that of the third party designated by him, at the address indicated during the finalization of the order at the times of passage of the people or the carrier in charge of the delivery if these times have been indicated by JAGGER & LEWIS, or at default, its diligence in the collection at the indicated collection points, of the order after the passage of the person or the carrier in charge of the delivery,
• proceed as soon as the delivery is received, to check the PRODUCT(S) delivered and immediately notify, if necessary, by e-mail sent to the following address email@example.com, of any anomaly or deterioration on the the PRODUCT(S) of the order in order to inform JAGGER & LEWIS.
10.2 TERMS OF DELIVERY & TRANSFER OF RISKS
Unless otherwise indicated or expressly agreed, JAGGER & LEWIS undertakes to deliver the PRODUCTS ordered within thirty (30) working days after the conclusion of the contract and payment of the order.
Delivery is made by the transfer of physical possession or control of the PRODUCT to the BUYER or the third party designated by him for this.
The delivery of the PRODUCTS will be presumed to have been made when it is:
• made to the address indicated by the BUYER when finalizing his order, either with the BUYER, or after the third party he has designated, or
• in the event of absence of the BUYER or the third party designated by him at the delivery address indicated, carried out after the first passage of the person or the carrier responsible for the delivery and after the deposit at the collection point of the order .
• made as a result of an activation of the SERVICES linked to an account.
The risk of loss or damage to the PRODUCT(S) is transferred to the BUYER at the time of delivery, when the BUYER or the third party designated for this purpose (other than the carrier offered by JAGGER & LEWIS), takes physical possession of the PRODUCT(S).
10.3 DELAYS & FAILED DELIVERY
The BUYER may, without prejudice to the other rights available to him in his capacity as consumer and buyer, be asked for the costs necessary to carry out a new shipment, in the event of the return of an order due to an impossibility of delivery which is neither attributable to JAGGER & LEWIS nor attributable to the carrier responsible for making the delivery.
LATE DELIVERY & RESOLUTION
The BUYER may terminate the contract if JAGGER & LEWIS does not deliver the order under the conditions set out below:
• within thirty (30) working days after confirmation and payment of the order
• on the date indicated when placing the order (more than thirty (30) working days after confirmation and payment of the order).
The BUYER must prior to the termination of the contract, enjoin JAGGER & LEWIS to make the delivery within a reasonable additional period, the resolution being acquired only once this period has elapsed and the delivery has not been made.
The BUYER is required to do so by registered letter with acknowledgment of receipt or in writing on a durable medium.
The contract will be considered resolved upon receipt by JAGGER & LEWIS of the registered mail or writing informing it of this resolution, unless the order has been delivered in the meantime.
Notwithstanding the foregoing, the BUYER retains the option of immediately terminating the contract in the event of non-compliance with the deadlines indicated above; while compliance with the latter constitutes for him an essential condition of the contract, resulting from an express request made before the conclusion of the contract or from the circumstances surrounding the conclusion thereof.
JAGGER & LEWIS undertakes to reimburse, at the latest within fourteen (14) working days following the date on which the contract was terminated, the full price paid for the order.
11. OPTION OF WITHDRAWAL
11.1 RIGHT OF WITHDRAWAL FOR PRODUCTS.
In accordance with the law, JAGGER & LEWIS grants the BUYER, when he is a consumer within the meaning of French law, a right of withdrawal which can be exercised by simple request using the form below, or by simple request sent by e-mail to the address firstname.lastname@example.org
This right of withdrawal is for a total period of 30 (thirty) days starting:
• on the date of ordering the PRODUCT(S)
• upon receipt with regard to pre-orders of PRODUCT(S)
The aforementioned period of 30 (thirty) days includes the legal withdrawal period of 14 days imposed by the Consumer Code and is therefore not cumulative with the latter.
To the attention of SAS JAGGER & LEWIS, 165 avenue de Bretagne, 59000, Lille, France. to email@example.com:
I/we (*) hereby notify you of my/our (*) withdrawal from the contract relating to the sale of goods (*)/for the provision of services (*) below:
- Ordered on (*)/received on (*):
- Name of consumer(s):
- Address of the consumer(s):
- Signature of the consumer(s) (only in the event of notification of this form on paper):
- Date :
(*) Strike out the useless mention.
Send this letter by registered letter with acknowledgment of receipt. During this period of thirty (30) days, the BUYER thus has the possibility of denouncing his commitment, without having to justify any reason whatsoever.
Any PRODUCT not purchased through the SITE or the JAGGER & LEWIS SERVICES cannot benefit from this right of withdrawal.
11.2 RIGHT OF WITHDRAWAL FOR SERVICES AND SUBSCRIPTIONS
If the BUYER's order relates to a subscription relating to a SERVICE, the BUYER acknowledges expressly asking JAGGER & LEWIS that this SERVICE be performed as soon as possible.
Consequently, the BUYER will not be able to benefit from his right of withdrawal if the SERVICE is fully executed before the end of the legal withdrawal period, pursuant to article L.121-21-8 of the Consumer Code. .
By subscribing to a subscription, the BUYER places a single order which obliges him to pay the full amount attached to the duration of his subscription.
Without prejudice to the rights that the Law guarantees to the BUYER, this right of withdrawal will not be applicable, pursuant to Article L.121-21-8 of the Consumer Code:
• For orders of digital content not provided on a material medium, the execution of which has begun after the BUYER's prior and express agreement and express waiver of his right of withdrawal,
• When the BUYER has unsealed and used a PRODUCT and/or its accessories in such a way that their return is not possible for hygienic reasons.
• When the BUYER is not a consumer within the meaning of the Law.
• When the BUYER cannot return the PRODUCTS and their accessories in their original packaging.
Furthermore, JAGGER & LEWIS will not be required to grant the PURCHASER's withdrawal, pursuant to Article L.121-21-3 of the Consumer Code:
• In the event of use that does not conform to normal use of the PRODUCT resulting in its depreciation,
• In the event of non-correspondence of the returned PRODUCT with that object of this withdrawal or in the event of restitution beyond the legal period of thirty days following the communication by the BUYER of his decision to withdraw, unless JAGGER & LEWIS does not offer the BUYER to recover these goods itself.
11.4 RETURN DELIVERY OF YOUR PRODUCT
To return his product, the BUYER may return it to the following address:
Jagger & Lewis - Return Service
165, avenue de Bretagne
59000 Lille - France
The BUYER will be responsible for paying the delivery costs to return his product. Shipping charges are non-refundable by JAGGER & LEWIS. If you receive a refund, the cost of return shipping will also be deducted from your refund.
Depending on where you live, the time it takes for your exchanged product to reach you may vary.
If you are sending an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We do not guarantee that we will receive your returned item.
11.5 WITHDRAWAL MANAGEMENT
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item.
Refund (if applicable)
We will also notify you of the approval or rejection of your refund.
If approved, your refund will be processed and a credit will automatically be applied to your credit card or original method of payment within a certain number of days.
If you haven't received a refund yet, check your bank account first. Then contact your credit card company, it may take some time before your refund is officially posted. Then contact your bank. There is often some processing time before a refund is posted. If you've done everything and still haven't received your refund, please contact us at firstname.lastname@example.org
Exchanges (if applicable)
We only replace items if they are faulty or damaged. If you need to exchange it for the same item, email us at email@example.com
12. CHANGES TO THESE TERMS
Any modification of these general conditions will be subject to prior written information and on any durable medium and the express acceptance of the BUYER, who has the right to terminate the contract at any time.
These modifications can thus only enter into force when a new contractual period begins due to a tacit renewal, and, preceded by an express acceptance of these modifications by the BUYER or by a new order, subsequent to the entry into force of these modifications expressly accepted by the BUYER when concluding the contract.
13. PROVISIONS SPECIFIC TO PRE-ORDER OFFERS.
JAGGER & LEWIS will sometimes be required to allow the BUYER to order certain PRODUCTS and/or SERVICES in advance before their release date. By this means, JAGGER & LEWIS wishes to enable the BUYER to be among the first to order JAGGER & LEWIS PRODUCTS and SERVICES.
When JAGGER & LEWIS allows the BUYER to pre-order a PRODUCT and/or SERVICE, JAGGER & LEWIS undertakes to send it to the BUYER in priority, unless JAGGER & LEWIS fails to collect the price at the through the means of payment that the BUYER has chosen.
By subscribing to a pre-order, the BUYER authorizes JAGGER & LEWIS to debit the price of the PRODUCT and/or SERVICE from his account.
If it appears that JAGGER & LEWIS can no longer collect the price through the means of payment that the BUYER has chosen, JAGGER & LEWIS will keep the PRODUCT and/or SERVICE aside for the BUYER, for a period that JAGGER & LEWIS LEWIS will indicate to the latter in the e-mails informing him of this situation.
Failing to make the actual payment within the period indicated in the emails informing the BUYER of this situation, JAGGER & LEWIS will be forced to cancel this pre-order. The BUYER will then only be able to order the PRODUCT and/or SERVICE on its release date or through another pre-order operation.
By making a pre-order, the BUYER benefits from and is subject to all the rights and obligations included herein.
14. PROVISIONS SPECIFIC TO SUBSCRIPTION OFFERS.
Certain SUBSEQUENT SERVICES may be offered to the BUYER through a subscription which binds him, if necessary, for a determined period, specified in the order, and obliges him to pay the sum attached to the duration of the subscription.
The BUYER declares and acknowledges, in the event of subscription to a SUBSEQUENT SERVICE, expressly requesting that this SERVICE be performed as soon as possible, and therefore will not be able to benefit from his right of withdrawal if the service is fully performed.
Under the terms hereof, the contract relating to a subscription to one or more SERVICE(S) is concluded for an initial contractual period of 12 months.
So that the BUYER does not inopportunely lose the benefit of the subscription to which he has subscribed, his subscription will be automatically renewed for the duration initially subscribed, after expiry of the initial contractual period.
This automatic renewal will be invoiced at the price applicable on the day of renewal of the subscription of which the BUYER will have received prior information and, in the absence of termination of the contract by him, served on the SITE or a SERVICE, at least 30 days before the arrival of the end of the contractual period, previously notified by JAGGER & LEWIS, and without termination penalty or right to compensation.
However, it remains possible for the BUYER at the end of the initial contractual period to terminate this subscription at any time and without notice. It will nevertheless be considered for subscriptions concerning a SUBSEQUENT SERVICE over a given period, that any quarter started must be paid.
The PURCHASER will be notified at the earliest 3 months and at the latest 1 month, by dedicated email to the email address that he will have provided during the initial subscription, of the arrival of the end of the initial contractual period and of automatic renewal. He may at that time express his wish not to benefit from automatic renewal.
The BUYER declares and guarantees to have read that in a non-exhaustive way, the navigation on the SITE, the creation of a personal account, the identification, the fact of placing an order allows JAGGER & LEWIS to obtain certain PERSONAL DATA.
The collection of DATA and their use hereunder is subject to the consent of the BUYER.
The processing of the DATA kept hereunder has been the subject of a CNIL declaration (Commission Nationale Informatique et Libertés) n° 2055123.
In accordance with the amended Data Protection Act of January 6, 1978, the BUYER has the right to access and rectify information concerning him at any time by contacting firstname.lastname@example.org
The BUYER may in particular access at any time the documents relating to any electronic order for an amount greater than one hundred and twenty (120) euros kept by JAGGER & LEWIS for a period of ten years from the delivery / performance of the service, in accordance in article L 134-2 of the consumer code.
The BUYER may also, for legitimate reasons, oppose the processing of data concerning him.
In the context of this article 12, the term DATA includes the Sensitive Data described in article 8 of the amended law n°78-17 known as “Computing and freedom”, and Personal Data.
15.1 Ownership of DATA
The BUYER is the sole holder of the rights to the DATA processed within the framework of the SERVICES.
The BUYER grants, as necessary to JAGGER & LEWIS and its possible subcontractors and assignees of rights, a non-exclusive and worldwide, free and transferable license allowing it to host, cache, copy and display the said DATA for the sole purpose of performing the SERVICES and exclusively in association with or on the occasion thereof.
This license will terminate automatically upon termination of this Agreement, unless it is necessary to continue the hosting of DATA and their processing, in particular within the framework of the implementation of reversibility operations, or to meet any legal obligations of conservation.
The BUYER declares and guarantees that he has all the authorizations necessary for the exploitation of the DATA within the framework of the SERVICES and that he can freely grant a license under the terms referred to above to JAGGER & LEWIS, to its subcontractors and its assignees.
The BUYER further declares and guarantees that by creating, installing or downloading the DATA within the framework of the SERVICES, it does not exceed any right which may have been granted to it on all or part of the DATA and that it does not infringe to the rights of third parties.
The BUYER undertakes to indemnify JAGGER & LEWIS for all pecuniary consequences that JAGGER & LEWIS may have to bear due to a breach by the BUYER with regard to the aforementioned guarantees concerning the DATA.
The JAGGER & LEWIS online store is hosted on the Shopify Inc platform. Shopify Inc provides JAGGER 1 LEWIS with the online e-commerce platform to sell the products and services to the BUYER. BUYER data is stored in the Shopify databases and general application on a secure server behind a firewall.
and its own privacy statement accessible at https://www.shopify.com/legal/privacy.
If the BUYER chooses a direct payment gateway to complete their purchase, then Shopify stores the BUYER's credit card data. It encrypts them via the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is only stored for as long as necessary to complete your purchase transaction. Once this is complete, your purchase transaction information is deleted.
All direct payment gateways follow the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover.
PCI-DSS requirements ensure the secure handling of credit card information by our store and its service providers.
Third party services
In general, the third party providers employed by JAGGER & LEWIS will only collect, use and disclose BUYER's information as necessary to enable them to perform the services they provide to JAGGER & LEWIS. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies regarding the information JAGGER & LEWIS must provide to them for transactions related to the purchase of the BUYERS.
For these suppliers, JAGGER & LEWIS recommends that its BUYERS read their privacy policies so that they can understand how their personal information will be treated by these suppliers.
It should be noted that some suppliers may be located in or have facilities that are located in a jurisdiction different from that of JAGGER & LEWIS and/or that of the BUYER. If BUYER elects to proceed with a transaction involving the services of a third-party service provider, its information may become subject to the laws of the court(s) in which such service provider or its facilities are located.
Below is the list of cookies used by JAGGER & LEWIS.
• session_id, unique token, session: allows Shopify to store information about your session (reference, landing page, etc.).
• shopify_visit: no data kept, persistent for 30 minutes from the last visit, used by our website provider's internal statistics tracker to record the number of visits
• shopify_uniq: no data held, expires at midnight (relative to the visitor) of the next day, counts the number of visits to a store by a single customer.
• basket, unique token: persistent for 2 weeks, stores information about the contents of your basket.
• secure_session_id: unique token, session
• storefront_digest: unique, undefined token. If the store has a password, it is used to determine if the current visitor has access.
15.2 Access to Data
The BUYER is informed and accepts that JAGGER & LEWIS may access his DATA and transmit it upon requisition by an administrative or judicial authority empowered to access the DATA.
In such a case, unless the said requisition prevents it, JAGGER & LEWIS will make sure to inform the BUYER without delay of the existence of the requisition and of the DATA that has been transmitted.
15.3 Accessibility and Security of Data and Personal Data.
The BUYER is solely responsible for the creation, selection, design, and use of the DATA by the USER within the framework of the SERVICES. It is also solely responsible for the collection and processing of Personal Data and Sensitive Data by the USER.
JAGGER & LEWIS will in no way be liable for non-compliance by the BUYER and/or the USER with their legal or contractual obligations with regard to Personal Data or any Sensitive Data.
When the legislation to which the BUYER is subject requires obtaining the prior authorization of the persons whose Personal Data is processed, or when said legislation imposes a set of obligations on the person called upon to process this Personal Data, it is the sole responsibility of the BUYER, and under his sole responsibility, to comply with the applicable legislative provisions and to obtain any prior authorizations.
When the transfer of DATA does not go through a network controlled by JAGGER & LEWIS, the BUYER acknowledges that JAGGER & LEWIS has no control over the transfer of DATA via the public telecommunications networks used by the BUYER to access the SERVICES and in particular the Internet.
The BUYER acknowledges and accepts that JAGGER & LEWIS cannot guarantee the confidentiality of the DATA during the transfer thereof on said public networks. Consequently, JAGGER & LEWIS cannot in any case be held liable in the event, in particular, of misappropriation, capture, corruption of DATA, or any other event likely to affect them, occurring on the occasion of transfer them over public telecommunications networks.
16. AFTER-SALES SERVICE
JAGGER & LEWIS provides the BUYER with an after-sales service that he can contact by e-mail at the following address: email@example.com
For the sake of efficiency, the BUYER's personal information may be temporarily transmitted to the JAGGER & LEWIS after-sales service until the problem encountered has been resolved. JAGGER & LEWIS ensures, however, that its after-sales service strictly complies with its confidentiality policy.
17.1 Warranties applicable to equipment sold by JAGGER & LEWIS
JAGGER & LEWIS guarantees that the equipment supplied to the BUYER is free from all defects, in accordance with articles 1641 and following of the Civil Code. In the event of the occurrence of a hidden defect, the BUYER shall inform JAGGER & LEWIS within 30 (thirty) days of the discovery of the defect, which means a defect in the material rendering it unsuitable for its use and not liable to be detected by the BUYER before its use.
A design defect is not a latent defect and the BUYER is deemed to have received all the technical information relating to said material.
If the hidden defect is proven, JAGGER & LEWIS will proceed within 30 (thirty) days of the information, at the option of the BUYER, if the latter is a consumer within the meaning of the law, to replace and/or repair defective equipment or parts in accordance with article 1644 of the civil code, without the BUYER being able to claim damages, for any reason whatsoever.
JAGGER & LEWIS guarantees the equipment for a period of one (1) year from the date of purchase by the BUYER against any manufacturing and operating defects.
This warranty period is two (2) years if the BUYER resides in the EEA.
This warranty is limited to and valid only in the jurisdictions where the products are sold by the JAGGER & LEWIS company itself or through its authorized dealer or agent and is valid to the extent permitted by the applicable laws of such jurisdictions. .
If the defect is proven, JAGGER & LEWIS will proceed within 30 (thirty) days, at the option of the BUYER if the latter is a consumer within the meaning of the law, to replace and/or repair the defective equipment or parts. , without the BUYER being able to claim damages, for any reason whatsoever, and subject to the cost conditions provided for in Article L. 211-9 of the Consumer Code. The BUYER, if he is a consumer within the meaning of the law, is exempted from providing proof of the existence of the lack of conformity of the goods during the six months following the delivery of the goods. This period is extended to twenty-four months for products delivered from March 18, 2016.
The legal guarantee of conformity applies independently of the commercial guarantee offered by the seller.
JAGGER & LEWIS draws the attention of the PURCHASER to the fact that malfunctions resulting from falls and/or crushing and/or deterioration by the dog of the equipment sold are expressly excluded under this warranty.
Nor can JAGGER & LEWIS be held liable for any deterioration and damage resulting from normal wear and tear or causes unrelated to the intrinsic qualities of the equipment, such as those resulting from abnormal use or due to the BUYER. , of the animal over which he or the effective USER has control or of his employees: load, shock, fall or mishandling, insufficient protection against humidity, heat, freezing, effect of electrical and atmospheric overvoltages transport, non-compliant handling or assembly, when these have been carried out by the BUYER or a third party.
Cells and batteries are not guaranteed.
17.2 Guarantee applicable to the SERVICES
JAGGER & LEWIS guarantees that it has all the intellectual property rights allowing it to conclude this contract and that, as such, it guarantees that the SERVICES provided in execution of this Contract do not infringe the rights of third parties and do not do not constitute an infringement of a pre-existing work.
JAGGER & LEWIS makes no other express or implied warranties with respect to the SERVICES, including, without limitation, any implied warranties of merchantability or fitness of the SERVICE for a particular purpose. JAGGER & LEWIS does not guarantee the results of the SERVICES and is only bound by an obligation of means towards the BUYER.
It is not guaranteed that the functionalities of the SERVICES meet the BUYER's requirements.
The BUYER acknowledges being informed that a SERVICE may contain errors and that not all errors are economically correctable or that it is not always necessary to correct them. JAGGER & LEWIS does not therefore guarantee that all of the failures or errors of the SERVICES will be corrected.
JAGGER & LEWIS cannot under any circumstances be held liable for direct or indirect damages suffered by the BUYER which may arise from the fact or during the execution of this Contract and its consequences. By indirect damage, we mean in particular, without this list being exhaustive, loss of earnings or profits, loss of data, loss of opportunity, commercial damage, the consequences of complaints or claims by third parties against the BUYER, notwithstanding the fact that JAGGER & LEWIS would have been diligently informed of the possibility of their occurrence.
In any event, the liability of JAGGER & LEWIS, in the event of damage occurring to the BUYER, for any reason whatsoever and whatever the legal basis invoked or retained, all damages combined and accumulated, will be expressly limited and cannot in no case exceed the total amount excluding taxes of the sums collected by JAGGER & LEWIS over the current contractual period in execution of this contract.
The responsibility of JAGGER & LEWIS can in no case be sought, in particular in the event of:
• use of the SERVICES in a manner not provided for or not expressly authorized in the user documentation and by this Agreement;
• modification of all or part of the SERVICES or information accessible via the SERVICES not carried out by JAGGER & LEWIS or by one of the Approved Service Providers designated by the latter;
• use of all or part of the SERVICES when JAGGER & LEWIS, following a difficulty or for any other reason whatsoever, had recommended suspending their use;
• use of the SERVICES in an environment or according to a configuration that does not respect the technical prerequisites of JAGGER & LEWIS, or in connection with third-party programs or DATA not expressly endorsed by JAGGER & LEWIS;
• loss of the BUYER'S DATA following an intervention by JAGGER & LEWIS or a third party designated by the BUYER or by JAGGER & LEWIS, when the BUYER has not taken the precaution to save his DATA prior to this intervention when it has been previously requested to do so;
• the occurrence of any damage resulting from fault or negligence on the part of the BUYER, or which the latter could have avoided by seeking the advice of JAGGER & LEWIS;
• use in connection with the Services of programs not provided or endorsed by JAGGER & LEWIS and likely to affect the SERVICES or the BUYER'S DATA.
19. COMPLIANCE WITH LAWS AND REGULATIONS
JAGGER & LEWIS will comply with the legal and regulatory obligations applicable to it as a service provider and under the law applicable to the contract.
JAGGER & LEWIS is not required to assume the legal and administrative obligations of the BUYER, including those relating to the SERVICES provided under the Contract. It is therefore up to the BUYER to ensure compliance with the laws and regulations concerning him, without being able to seek the responsibility of JAGGER & LEWIS.
The BUYER, for his part, also undertakes to comply with the laws in force to which he is subject, either because of his nationality or because of his geographical location. In particular, he will ensure compliance with the applicable provisions relating to the content of the DATA (Data Protection Act) so that no processing contrary to the law can be carried out by JAGGER & LEWIS.
20. MISCELLANEOUS PROVISIONS
In the event that one or more clauses should be declared void by a court decision or prove impossible to implement, the validity of the other provisions will not be affected by nullity and the parties undertake to negotiate in good faith a replacement provision.
The fact for a party not to claim the application of any provision of this contract or to tolerate its non-performance temporarily or permanently, may in no case be interpreted as a waiver by this party to exercise the rights it holds hereunder.
The fact for a party to tolerate non-performance or imperfect performance of the contract or more generally to tolerate any act, abstention or omission of the other party not in accordance with the provisions of this contract cannot confer any right whatsoever on the party who benefits from such tolerance.
These general conditions express the entire agreement of the parties and replace any prior agreement, written or oral, explicit and implicit. It constitutes the sole will of the parties.
The parties acknowledge that they act as independent contracting parties. This contract cannot have the effect of creating between it a company or association of any form.
JAGGER & LEWIS reserves the right to assign all or part of the rights and obligations arising from this contract to a company or a third party.
21. APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION
This contract is exclusively subject to French law.
The parties undertake to seek an amicable solution to any dispute that may arise from the interpretation or execution of the Contract. The BUYER, if he is a consumer within the meaning of the law, undertakes, in the event of a dispute, to lodge a complaint directly and beforehand with JAGGER & LEWIS.
If the parties fail to obtain an amicable resolution or through mediation, any dispute relating in particular to the formation, validity, interpretation, execution or breach of this contract and, more generally, to the relationship binding the parties falls within the exclusive jurisdiction of the territorially competent French courts.