Terms and conditions of sales
ONLY THE FRENCH TEXT HAS LEGAL VALUE – The English translation is for your convenience only
1. Definitions
Throughout the present document the following definitions are used:
The company
JBER: la société Jérome Bafour Etudes et Réalisations
with headquarters located in La Borde, 37230 Luynes, France
Number 513 536 375 RCS Tours
The customer
Any person making a purchase from the above mentioned company.
2. Objective
The present terms and conditions of sales are intended on the one hand to inform any prospective customer on the terms and conditions of sales as well as the arrangements to which the supplier conducts the sale and delivery of ordered products and on the other hand to specify the rights and obligations of both parties pertaining to the sale of products by the supplier to the customer. They apply without limitation or qualification to all the sales by société JBER for items offered for sale on the Internet www.till-start.com website.
Therefore ordering an item offered for sale on the société JBER website implies full and complete acceptance by the customer of the present terms and conditions of sales which he/she acknowledges having read prior to confirming the purchase.
The products are offered for sale in the following geographical areas: Metropolitan France and Corsica with the exclusion of DOM TOM (overseas departments and territories).
Prior to ordering the customer declares that
- the acquisition of items on the till-start.com website is not directly connected with his/her professional activities and is strictly limited to his/her personal use
- has the legal capacity to commit to the present terms and conditions of sales
- the société JBER reserves the right to modify the terms and conditions of sales at any time
3. Société JBER identity
JBER la société Jérome Bafour Etudes et Réalisations
with headquarters located in La Borde, 37230 Luynes, France
Number 513 536 375 RCS Tours
4. Site Access
Telecommunication and information technology arrangements enabling access to the www.till-start.com website are the concern of the customer.
The customer shall bear the costs of communication for access to the www.till-start.com website and the use thereof.
5. Contract and order procedure
5.1 Prices
The selling prices of products on line on the www.till-start.com website indicated in Euros are those applicable at the time of the order form registration by the customer. They do not include the shipping charges which are calculated in addition to the price of the purchased items based on the order amount. Shipping costs shall be stipulated before the customer is asked to confirm the order.
Prices include the added value tax (TVA) applicable on the day of the order and any change to the applicable TVA tax will automatically be reflected in the price of the products sold by JBER.
Selling prices may be modified by JBER without notice.
5.2 Product characteristics
In accordance with article L 111.1 of the French Consumer Code the customer may before placing an order get acquainted with the essential characteristics of the product(s) he/she wishes to purchase.
5.3 Orders
All orders require acceptance without limitation or qualification of the present terms and conditions of sales.
Once the customer has sent his order by clicking on the Validate icon it is considered that the general sale conditions, prices, volumes and quantities of products offered for sale and ordered have been accepted knowingly and without reservation.
The customer can place his/her order
- on the www.till-start.com website
The customer’s order will be confirmed by JBER via e-mail. The sale will be confirmed as final only after JBER sends a confirmation and collects the full price.
JBER recommends that the customer keep all information on a computer file or a hard copy.
6. Payment
The payment of the total price must be made in full at the time of ordering by the customer. The sums paid can never be considered to be deposits or part payment.
Full order amount collection will be made by JBER at the time of order validation or in the event of payment by check upon receipt thereof.
All the orders are payable in Euros.
To settle his order the customer may pay by any of the options stipulated on the order form: credit card (carte bleue, MasterCard, Visa) and bank or postal cheques.
The customer guarantees to JBER that he/she possesses all required authorizations to use the chosen method of payment upon validating the order form.
JBER reserves the right to suspend or cancel any order or delivery whatever their nature or state of progress in case of non-payment of any amount owed by the customer or in case of a payment incident.
Penalties for any unpaid amounts will be incurred at the legal interest rate plus five (5) per cent after a lapse of 10 days from the invoice date or immediately after notification of bank payment rejection for all other means of payment.
Delivery of any new order may be suspended in the event of overdue payment for a previous order notwithstanding the provisions of the present terms and conditions of sales.
JBER reserves the right to request a photocopy of the customer’s identity card for all credit card payments.
To help fight online fraud the supplier shall be entitled to communicate information pertaining to the order to third parties for verification purposes.
7. Product selection
After reviewing the products sold by JBER the customer takes full responsibility for ensuring that the product(s) he/she selected meet the criteria he/she has established prior to ordering. In addition the customer as he/she is the only person who is familiar with the materials he/she uses is the sole judge of the conformity of the products with those used by him/her.
It is the customer‘s sole responsibility to seek advice where he/she lacks the necessary expertise for the assembly of the products.
8. Delivery and reception
8.1. General rules
The products will be delivered at the address indicated by the customer on the order form in Metropolitan France or Corsica.
JBER offers its customers to be delivered via Chronoposte.
If the customer fails to comply with the procedure described below no claim will be accepted by the supplier.
8.2. Characteristics of the Chronoposte system operated by the Post office
The customer is delivered at a parcel delivery outlet or by the mailman at his/her home address and signs a delivery acknowledgement of receipt. In case of absence the customer or recipient receives a notification that the post office agent tried to deliver the ordered product thus allowing the customer to claim the ordered product(s) to the closest post office within 15 days.
The customer is responsible for checking the packaging and contents of the order at the time of delivery in the presence of the carrier agent.
Should the customer have any doubt of any kind whatsoever about the condition or contents he/she is required :
- to follow the chronopost procedure including the damages owed, the claims and qualification and to reject the product by immediately issuing a report of anomaly with the employee of the carrier (post office).
- to report these incidents to JBER using the www.till-start.com website in the “Contact us” section.
8.3. Delivery times
The average delivery times from the JBER storage area are as follows:
- Chronoposte: 24 hours
These times are only given as an estimate.
In case of delayed or late delivery the customer cannot claim for any damages, withholding or cancellation of the order.
In any case and in compliance with article L 121.20.3 of the French Consumer Code, ordered products shall be delivered within 30 days from the day of customer order registration subject to the full payment of the price.
Failure to deliver within the specified time will allow the customer to cancel the order.
Sums paid by the customer shall be refunded without delay to the exclusion of any other compensation.
In the event of a delay in the expected delivery time the customer is requested to notify JBER in writing (post, fax or e-mail) to assist JBER in providing the best possible service and to allow JBER to make the necessary inquiries with the carrier. An investigation with the carrier can take up to 21 business days.
If the product is located within such time it will be shipped immediately to the delivery address specified on the order form.
Each delivery is considered to have been completed as soon as the product is at the customer’s disposal in particular as documented by the delivery tracking system available on the Poste website for Chronoposte for deliveries within France or by any other carrier’s tracking system for parcels.
8.4 Quality and conformity issues
In the case of received products that do not match the order (faulty or not compliant) the buyer must lodge a claim within seven (7) days from the signing of the delivery form receipt.
Any claim must be sent by registered mail with an acknowledgement of receipt to the address mentioned in section 2 above and must include:
- the customer’s contact details
- the order number
- the product references
- the reasons for the claim.
The product must be returned within seven ( 7) business days from the day when a return number is assigned by JBER customer service.
Unless the above procedure is complied with JBER will not proceed with any exchange or refund of the ordered products.
Any product for exchange or refund will be returned to JBER in its original packaging and include the product together with the accessories.
Shipment costs will be paid by JBER except when the product intended for exchange or refund does not match the original statement made by the customer on the return slip. Coverage for the expenses associated with the return will be limited to the rate for shipping charged by Chronoposte or for R1 registered shipment. It will consist in a voucher to be used on the JBER website within three (3) months after it was granted.
All risks in connection with returned products will be borne by the customer.
Failure by the customer to comply with the above procedure and specified deadlines will prevent him/her from lodging a claim for nonconformity or apparent defect of the delivered products.
9. Right of withdrawal
In compliance with article L 121.16 of the French Consumer Code thecustomer has a period of seven (7) business days from the reception date to return at his/her expenses the ordered products for reimbursement. The products must without fail be returned to JBER in perfect condition for resale in their original condition (packaging, accessories, instructions) properly sealed and include the delivery order invoice pertaining to the purchase.
If the product includes a warranty sheet or any other document to be completed, it must not be filled in to enable the customer to exercise his/her right of withdrawal.
Any incomplete, damaged product or with a damaged packaging of origin shall not be replaced or refunded.
The exercise of the right of withdrawal will result in the following choice for the buyer: – either a cash refund as a check sent by mail, – or the granting of a voucher as outlined under section 10 below.
10. General conditions for refund
Subject to the specific provisions of section 9 above any refund paid by JBER will be made
using a voucher on our www.till-start.com website.
Unless the purchase order provides otherwise, the customer may within the validity period, request for the voucher to be converted into a refund by simply calling customer service or by electronic mail.
For this refund priority will be given to a check mailed to you.
In case of a partial use of the voucher the balance will remain available to the customer under the same conditions as the initial voucher.
In using this voucher the customer pledges not to contest or obstruct the refund related transaction through his/her bank or any other means and commits not to do so within a year after the use of the voucher.
The customer acknowledges that he is aware that any breach of these obligations would expose him/her to surrender any sums unduly received without prejudice to the damages that could be claimed by JBER.
11. Reservation of ownership
All products remain the exclusive property of JBER until such time as full payment of sale price including delivery charges and taxes has been made
12. Warranty
All our products are covered by a warranty against manufacturing defects. The warranty is usually valid for a period of one year.
If you feel that a product bought from JBER shows a manufacturing defect or premature use you must first contact us via electronic mail at Contact us@till-start.com to explain the issue and see if a warranty may be activated.
In any case the decision to make a claim under the warranty shall be made by the manufacturer or supplier of the specific part. The part shall be sent by us to the manufacturer or supplier who must give reasons for his/her decision as to whether or not to claim under the warranty.
Under no circumstances may we be held responsible for the decision.
The shipping costs between your place and our premises for the part for which a warranty is claimed shall be covered by you and under your sole responsibility.
If the claim is determined to be legitimate we will cover the shipping costs to send back the repaired or replaced part. If the warranty is not recognized as such the related costs will be charged to you.
13. Partial non validity
Should one or more provisions of the present terms and condition of sales be deemed invalid or declared as such in compliance with a new law, regulation or as a result of a final ruling by a competent jurisdiction the other provisions shall continue in full force and effect.
14. Non waiver
The failure by one of the parties to pursue any breach by the other party of any of the obligations of the terms and conditions of sales hereof shall not be construed as a waiver of any such obligation in the future.
15. Applicable law
The sales of JBER products are subject to French law.
16. Personal data privacy
The information collected by the www.till-start.com website is necessary for the processing of the order by JBER.
Pursuant to the “Informatique et Libertés” law n°78-17 of January 6, 1978 on personal data processing and privacy you have a right to access, modify, rectify and delete data concerning you. If you wish to exercise this right, please contact JBER by sending a letter to JBER – La Borde – 37230 LUYNES
or by electronic mail to contact [at] till-start.com.
Declaration to the CNIL under n° 1890745 v 0