Terms & Conditions

OVERVIEW

 

These Terms & Conditions (Conditions Générales de Vente)”) apply to all sales made by Jomo Shop, registered in the Thonon-les-Bains Trade and Companies Register (RCS) under the number 882 646 300 00013, whose registered office is located at 9 allée de la grande corne. Coudrée 7. Sciez 74140. (hereinafter referred to as "the Seller") with an internet customer (hereinafter referred to as "the Client") through the website www.jomoshop.co (hereinafter referred to as "the Site").

 

SECTION - LEGAL NOTICE

Publication director: Vincent Quiblier

Email address: contact@jomoshop.co

Phone number: 0033 6 61 76 05 78

 

The Site is hosted by Wix. They provide us with the online e-commerce platform that allows us to sell our products and services to you. www.wix.com

 

Date of the last update of our CGV / T&Cs: 16th of June 2020.

 

SECTION – OBJECT

 

Placing an order implies prior acceptance of these conditions by the client. To demonstrate this acceptance, the client must - before finalizing his order - check a validation box provided for this purpose and click on the "Confirm my order" button. As a result of these two actions, the Client:

• declares and acknowledges having a perfect knowledge of these conditions,

• expressly accepts these conditions.

No order can be placed on the Site without this prior acceptance.

 

The applicable Terms & Conditions (Conditions Générales de Vente) are those in force on the date of your order.

 

SECTION – ORDER

 

The order procedure on the Site is carried out according to the following steps:

• The Client selects the desired products and quantities, then validates his basket. He can check the selected products at any time by consulting the "My basket" function.

 

• The Client identifies himself using his login credentials - or if he has not already registered - using the registration form.

 

• The Client chooses the desired delivery method from the delivery methods offered on the Site and then becomes aware of the delivery costs applicable to the order.

 

• A summary of the content of the order and its amount is presented to the Client for validation. The Client then has the option of modifying his order in whole or in part, in particular with regard to the selected products, the billing and / or delivery address and the method of payment. In this case, a new order summary is submitted to the Client.

 

• Before confirming the order, the Client reads these general sales conditions on the Site and expresses his acceptance by checking the box provided for this purpose,

 

• The Client chooses the desired method of payment from the methods of payment offered on the Site, then proceeds online - depending on the method of payment chosen - to pay the price.

 

• The Client confirms his payment commitment by clicking on the "Validate payment" button.

 

• Upon receipt of this order, the Seller performs the checks prior to validation by the Seller of the order and in particular the effectiveness of payment for the order.

 

• The order thus verified will be followed by a confirmation email - which materializes the recording by the Seller of the order - This Order Confirmation must contain all of the information regarding the goods you have ordered. You should check the details in the order confirmation and contact us immediately if an error has occurred. We recommend that you print and keep a copy of this confirmation.

 

• After sending the order confirmation, we will endeavour to deliver your order as soon as possible to the postal address you have given us. We will notify you when your order has been shipped by sending a “Shipping Confirmation” by email.

 

 

The Seller reserves the right not to follow up on the order placed by the Client, in particular:

 

• In the event of an order (s) exceeding, by their content or frequency, the needs of an individual and more generally in the event of an abnormal request or bad faith by the Client.

 

• In the event of information coming from the banking organisation in charge by the Seller of the management of the payment of the order stating the impossibility of implementing the method of payment retained for the payment of the order.

 

• And more generally in the case of legitimate reason as provided for by article L 121–11 of the Consumer Code.

 

If it is impossible to fulfil the order placed by the Client, the Seller will send an information email to the Client.

 

The site www.jomoshop.co (the "Site") allows you to order from the company Jomo Shop, a selection of products of the Jomo Shop brand, immediately online for delivery to the countries appearing in the list of delivery countries. Purchase requests from non-target countries among them as well as deliveries to these countries cannot be accepted.

 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION 

 

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. 

 

We ensure that the description and the prices of the products displayed on the site are accurate at the time of sale. However, your order could not be accepted if significant errors had occurred on the site, in the description of the goods you have ordered or in their price. All prices and offers are subject to change. The products are described and presented with the greatest possible accuracy. We have taken great care to ensure that the images and colours of the products appearing on our site are as close as possible to reality, within the limits of technique and in compliance with market standards. However, the images and colours displayed may present non-substantial errors depending in particular on the internet browser and / or your computer hardware. As a result, we are unable to guarantee the accuracy of the colour of the product upon delivery, which you acknowledge and accept

 

SECTION  - PRICE

 

The prices displayed on the site are indicated in euros (€) and including all French taxes (VAT and all other applicable taxes).

The Client will be informed of the delivery costs applicable to his order before final validation of his order and payment of the price.

 

SECTION - PAYMENT

 

Payments must be made only by bank cards or PayPal system. We accept payment by credit cards CB, Visa, Mastercard. We are using Wirecard and paypal, as payment providers to ensure that your financial information (for example, the number of the bank card or the due date) will be transferred, by means of an SSL encryption, ensuring both the identity of the paying agency and the confidentiality of the data. Jomo Shop does not have information of your credit card information. Jomo Shop does not store any financial information on its servers or on its premises.

Jomo Shop may have to ask you for certain additional information to avoid any act of fraud.

This information will be used by Jomo Shop exclusively to allow the completion of your purchase or to issue refunds in the event of any return of products in accordance with these Terms & Conditions (CGV) or in the event that it would be necessary to prevent or report to the authorities skills the occurrence of fraud on the site.

 

SECTION - ACCURACY OF BILLING AND ACCOUNT INFORMATION 


You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

 

SECTION - SHIPPING & DUTIES

 

At Jomo Shop we believe in Client service, that is why we have decided to offer FREE Standard Shipping to all of our Clients.

 

We will deliver to the delivery address indicated by you, provided that this address is located in a country that we deliver knowing that we ship our items in France and Germany, Austria, Belgium, Cyprus, Croatia, Denmark, Spain, Finland, United-Kingdom, Greece, Hungary, Ireland, Island, Luxemburg, Norway, Holland, Poland, Portugal, Slovakia, Sweden, Switzerland.

 

To this end, you agree to provide a complete and accurate delivery address. Any package returned to Jomo Shop due to an incorrect or incomplete address will be redirected at your expense.

 

Shipments are made by Colissimo & La Poste, and its international partners (https://www.laposte.fr/).

 

Delivery time Table:

 

FRANCE

 

SHIPPING METHOD               FEE                    TIME DELIVERY

STANDARD SHIPPING           FREE                  4 – 7  business days

EXPRESS SHIPPING        + 3.00 € per item     2 – 4 business days

 

OHTER COUNTRIES

 

SHIPPING METHOD               FEE                   TIME DELIVERY

STANDARD SHIPPING          FREE                    7  – 10 days

EXPRESS SHIPPING  + 5.00 € per item         4 – 7 days

 

*All of the shipping time delivery are only an estimate, actual times may vary depending on destination & on the current worldwide situation. Jomo Shop would however like to assure you that it will do its utmost to respect these deadlines and best satisfy its Clients.

 

 

TRACKED SHIPPING

 

All Standard & Express shipping come with a tracked number. We will email you a tracking number when your order has been shipped. This tracking number may take 3 - 4 days to update.

 

 

TAXES & DUTIES

 

The taxes & duties vary per country and you will be liable for any import duties, customs and taxes. All custom fees are the receiver of the orders responsibility. Please be aware Jomo Shop does not have any control over any duties, taxes or customs levied by the country your order is being shipped to. These are randomly selected and we cannot predict these nor can we predict the cost.

 

ORDER DELAY

 

Please first consult your expected order time for Standard Shipping:

 

France                    4-7 business days

 

Europe                  7 – 10  business days

 

If your order has not arrived within the estimated delivery delay, as indicated above, please contact us via email (contact@jomoshop.co) as soon as possible so we can help you out. Unreceived orders must be reported to us within 30 days after the shipping date. Unfortunately we are unable to replace missing orders if not reported within this time frame.

 

SECTION - RETURNS POLICY

 

Please, make sure to include your order confirmation number and any other details when emailing us at contact@jomoshop.co

REFUND & EXCHANGE:

If you did not like one of our products for any reason, without justifying your decision, you can claim for a full refund or an exchange within fourteen (14) days from the date of receipt your products. The exchange of the article is only possible if the product is available in another size or colour and if the article has been bought at full price.

To claim your refund or exchange, simply contact us by email to the following address: contact@jomoshop.co, mentioning the order confirmation number, as well as your name, geographic address and, if available, your telephone number and your email address. We will then sort it out for you.

For all our customers, the return cost is on your behalf. Jomo shop will not be responsible and paying for the return cost.

 

On the other hand, we point out that the taxes and customs fees that may have been paid during import, for shipments outside the EU, will not be refundable in the event of return or exchange.  

You must return the products to Jomo Shop within a maximum period of seven (7) days from the date on which your refund or exchange has been approved. For countries outside the European Union, please specify to customs that this is a "return for non-compliance". 

We will proceed with the refund or exchange of your items, as soon as possible and in any case no later than seven (7) days following the receipt of the items. The refund will be reimbursed either as a voucher on our jomoshop.co website or by credit on your bank card. For the exchange, we will give you a voucher to be used on the jomoshop.co website for you to place a new order on your desired item. The exchanged product will be returned at our expense.

To be eligible for a return or exchange, the products must be returned in perfect condition (neither used, nor worn, nor washed) and in their original packaging and accompanied by all accessories and documents attached to the order.

If an item has been bought during a sale period, this item cannot be returned or exchanged.

DEFECTIVE PRODUCT:

If, unfortunately, you have received a defective or damaged product during transport, please contact us at contact@jomoshop.co as soon as possible within a maximum of forty-eight (48) hours after delivery. Provide your order confirmation number, a picture of the defective or damaged product, as well as your name, geographic address and if, available, your telephone number and your email address. We will do our best to replace the item as soon as possible. 

If the box is delivered damaged or broken open, refuse delivery and contact our customer service immediately by email at the following address: contact@jomoshop.co

The defective product process will follow the refund & exchange process. But Jomo Shop will cover the cost associated to the shipping return and the shipping back of the product.

GENERAL CONDITIONS:

It is recommended that you keep a proof of the return, which implies that the products are returned by registered mail, or by any other means giving a certain date. We decline all responsibility for a lost package and cannot refund a lost item. All returned merchandise remains under the responsibility of the sender until receipt on our premises.

Depending on where you live, the time it may take for your exchanged product to reach you.

If an item has been bought during a sale period, this item cannot be returned or exchanged.

OTHER QUESTIONS

For any other questions concerning returns, please do not hesitate to contact us directly at contact@jomoshop.co

 

SECTION - LEGAL WARRANTY

 

Notwithstanding the specific warranty conditions that may be offered with the product delivered, Jomo Shop products are subject to the legal guarantees of non-conformity of the product sold, under the conditions of articles L.211-4 and following of the Consumer Code and of its hidden defects under the conditions provided for in articles 1641 and following of the Civil Code reproduced below:

 

Article L. 217-4 of the Consumer Code: “The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been charged to him by the contract or has been carried out under his responsibility. "

 

Article L. 217-5 of the Consumer Code: "The goods comply with the contract

If it is suitable for the use normally expected of a similar good and, if applicable:

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

if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling;

 

Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. "

 

Article L. 217-12 of the Consumer Code: “Action resulting from lack of conformity lapses two years after delivery of the goods. "

 

Article L. 217-14 of the Consumer Code: "The recourse action may be exercised by the final seller against the successive sellers or intermediaries and the producer of the tangible personal property".

 

Article L. 217-16 of the Consumer Code: "When the buyer requests from the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of movable property, a discount in condition covered by the warranty, any downtime of at least seven days is added to the duration of the warranty that remained to run.

This period runs from the buyer's intervention request or the provision for repair of the goods in question, if this provision is subsequent to the intervention request. "

 

Article 1641 of the Civil Code: "The seller is bound by the guarantee for hidden defects in the thing sold which makes it unfit for the use for which it is intended, or which so diminishes this use that the buyer would not have it not acquired, or would have given a lesser price, if he had known them. "

 

Article 1648 paragraph 1 of the Civil Code: "The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect".

If one of these guarantees is exercised, you can return the product (s) in accordance with the conditions set out in article 6.2.

 

SECTION - INTELLECTUAL PROPERTY

 

All models, texts, comments, works, illustrations and images reproduced on the site www.jomoshop.co are reserved under copyright as well as intellectual property and for the whole world. Any other use constitutes counterfeiting and sanctioned under intellectual property without the prior authorization of www.exemplaire.com. Any total or partial reproduction of the catalogue of www.jomoshop.co is strictly prohibited.

 

SECTION - PRIVACY POLICY

 

Personal information we collect 
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information”. 

We collect Device Information using the following technologies: 
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org. 
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps. 
- “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site. 

Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number. We refer to this information as “Order Information”. 

When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information. 

How do we use your personal information? 
We use the Order Information that we collect generally to fulfil any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to: 
- Communicate with you; 
- Screen our orders for potential risk or fraud; and 
- When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services. 

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our Clients browse and interact with the Site, and to assess the success of our marketing and advertising campaigns). 

Sharing your personal Information 
We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Wix to power our online store--you can read more about how Wix uses your Personal Information here: https://www.wix.com/about/privacy. We also use Google Analytics to help us understand how our Clients use the Site -- you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout. We also use Facebook Analytics to help us understand how our Clients use the Site -- you can read more about how Facebook uses your Personal Information here: https://www.facebook.com/policy.php. You can also opt-out of Facebook Analytics here: https://www.facebook.com/help/search/?q=opt%20out%20


Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights. 

Behavioural advertising 
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work. 

You can opt out of targeted advertising by using the links below: 
- Facebook: https://www.facebook.com/settings/?tab=ads 
- Google: https://www.google.com/settings/ads/anonymous 
- Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads 

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/. 

Do not track 
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser. 

Your rights 
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below. 

Additionally, if you are a European resident we note that we are processing your information in order to fulfil contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States. 

Data retention 
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information. 

Changes 
We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons. 

 

Security and confidentiality

We are committed to protecting and ensuring the security and confidentiality of your Data in accordance with the GDPR, in particular by taking all necessary precautions to prevent this data from being altered or destroyed or from unauthorized third parties having access to it. However, it should be noted that the Internet is not a completely secure environment, Jomo Shop is not controlling all the risks linked to the functioning of the Internet. We draw your attention to the existence of possible risks inherent in the use and operation of the Site, Jomo Shop cannot be held responsible for identity theft or misuse of your account and the possible consequences that may result.

 

SECTION  - OPTIONAL TOOLS 


We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. 

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. 

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). 
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. 


SECTION  - THIRD-PARTY LINKS 


Certain content, products and services available via our Service may include materials from third-parties. 
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. 
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

 

SECTION – RESPONSIBILITIES

 

The products offered for sale on our Site www.jomoshop.co comply with current French legislation. It is your responsibility to check with local authorities the possibilities of importing or using the products you plan to order. The www.jomoshop.co site cannot be held liable for the non-performance of the contract concluded in the event of a stock shortage, or unavailability of a product, force majeure, disruption or total or partial strike, in particular of postal services and means of transport and / or communications, flood, fire.


SECTION  - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS 


If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. 


SECTION - ERRORS, INACCURACIES AND OMISSIONS 


Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. 


SECTION - PROHIBITED USES 


In addition to other prohibitions as set forth in the Terms & Conditions (CGV), you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. 

 

SECTION - CHANGES TO TERMS OF SERVICE 


You can review the most current version of the Terms of Service at any time at this page. 
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. 

 

SECTION - APPLICABLE LAW-LITIGATION-MEDIATION

 

These Terms & Conditions (CGV) are subject to French law, more particularly the French Consumer Code, to the exclusion of the provisions of the Vienna Convention. This is the case with the substantive rules as well as with the rules of form.

 

The language of these General Terms and Conditions of Sale is English. In the event that they are translated into one or more foreign languages, only the English text will prevail in the event of a dispute.

 

In the event of a dispute, you must first contact Jomo Shop customer service at contact@jomoshop.co.

 

If the claim request fails, with customer service or in the absence of a response from this service within two (2) months, you can use the alternative dispute resolution services available to consumers, as stipulated by French law.

 

We also inform you that the European Commission has a platform for out-of-court dispute resolution, accessible on the website http://ec.europa.eu/odr.

 

SECTION – CONTACT


For more information about our T&Cs, if you have questions, or if you would like to make a complaint, please contact us:

By e‑mail at contact@jomoshop.co.

By phone: +33 6 61 76 05 78

By postal adresse: 9 allée de la grande corne. Coudrée 7. Sciez 74140. FRANCE

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