Conditions of use
Conditions of use
Article 1 Preamble
The present conditions of sales are in one to define the commercial conditions on line of the specific products commercialised by the Company JAM DIFUS.
The company Jam Difus EURL with a capital of 8000€ the head office is based atZA les bruyères, rue lavoisier, 01960 Peronnas Company registration N° 483 495 339 00010, individual identification also VAT N° FR 21483495339 commercialise the brand VARIANCE with the autorisation from the Owner Mr Michel Labalme, on his site web : www.variance-auto.com
All orders are confirmed by the buyer/customer in the online shop www.variance-auto.com implicates by clicking on the button and ticking the box , I have read and agree to the general conditions of sale present, accepting the current sales conditions.
The promotions registered on our web site are valid for France and also : England, Ireland, Belgium, Luxembourg, Germany, Switzerland.
The contracts with Jam Difus will be in several languages : English, German, French.
The consumer can record the general sales conditions, and is the sole person to do so.
The general sales conditions can be modified at any moment and specific products can be added or completed into Jam Difus, sales conditions. They will be of course stipulated when presenting the products.
In this case the applicable conditions on the web site will be maintained when the consumer validates an order.
The consumer agrees that he has been completely informed and agrees to the conditions which does not require a signature, in the case of the consumer ordering directly online the products presented.
The consumer declares to have full juridic rights , which permits him to engage in the present sales conditions.
Article 2 : GENERAL
Conforming to the law dated 13th march 2000, regarding electronic signatures, all the orders signed by the consumer, via a double click, confirms an irrovacable decision, that can not be taken into consideration in extreme conditions within the present general sales conditions, that of Right to refuse, and out of stock products.
The double click is associated with the autorisation proceedures, and protection of most of the messages, which do constitute a electronic Signature. The signature electronic has a value such as a written signature between the two parties concerned .
Article 3 : Orders
Before the consumer confirms and agrees to the offer, the consumer must verify :
- The order details ( products or services concerned) , payment methods, delivery methods.
- Total Price including VAT
- To correct the eventual errors.
No modification demands will be accepted after this stage . Only the information passed on the web site will be processed.
The contractual information will be confirmed via - mail.
The consumer must verify the information and conforming informations , regarding the address of delivery which is given to the seller. The seller will not be in fault, if the eventual late deliveries or address errors occur . In this context all extra charges for either returning or rerouting the order will be entirely at the cost of the consumer.
The seller will not be held in charge for for the rupture of stocks, or unavailable products, unforeseen circumstances, strikes or transport delays , notably postal strikes or transport, or communications problems, flooding, or fires. The seller will not be held in charge, loss of turnover, profit loss, breakages or extra costs, because of a consumer buying our products.
In case of unavailable ordered products, because of the distributors or manufacturers, the consumer will be informed early, and have the possibility to modify or delete the order.
The consumer will have the choice to be reimboursed for the total payment, within 30 days of the date of the order, either this or an exchange of products, to the price and equivalent quality with the agreement of the seller.
In case of exchange impossibilities, the seller reserves the right to stop the order of the consumer and reimbourse the total payment registered.
Certain orders will be checked by the seller. The consumer in this case will be notified via mail of a demand of justifying paperwork to validate finally the order. The seller reserves the right to cancel the order in case of non reception of the paperwork or non confirming details.
The seller engages to inform the consumer of all possible changes in the order, relative to : delay, price, specifications, to give the consumer the chance to modify the order before too late.
The seller recommends to the consumer to keep hold of any relative information of his or her order, just to the final stage of resolving the order placed. Also for garantee periods of the products delivered.
The seller reserves the right to invoice the consumer a calculated participation of delivery charges. The participation requested will be clearly shown on the web site : www.variance-auto.com
Article 4 : Nominated Information
Conforming to the computer and liberty laws of 6 january 1978 modified by the law 6 august 2004, the consumer has the right to modify or replace personal information. Thye have to right to JAM DIFUS , Le Cléart, 01140 ILLIAT, and indicate their Surname, Forename, email and address.
Article 5 : Payment
The cheques are debited after the validation of the order by the consumer. The payments by credit card are admitted under the same conditions , except for special payment offers , or occasional payment offers proposed on the web site : www.variance-auto.com
To pay for the order, the consumer has at his or her disposition most types of payments to finalise the order, either : credit card , cheque, or direct debit .
In case of payment by cheque, which has to be credited by a European bank. All orders paid by cheque or direct debit will only be posted when full has been registered. The delivery dates will be calculated according to the recorded payment methods registered.
The total payment must be paid during the order, except for specific offers indicated on the site. At no moment can the registered payments can be considered as a down payment….******
The seller reserves the right to refuse or deliver an order by the consumer which has not been totally paid or a partially paid, that has a registered problem of non payment.
The consumer garantees to the seller that he has authorisations of payment which he will choose from at the time of validating his or her order.
The seller reserves the right to suspend all the ordering proceedures and the delivery instructions in case of autorisation refusal of payments registered by the finance organisers .
The seller recommends to the consumer the solvability of his payment before the validation of their order on the web site : www.variance-auto.com
The seller reminds to the consumer that all payments by credit card tansferred by a securised system, no trace of credit card are erased in the files.
Article 6 : Products
The seller reserves the right to modify the arrangement of the products, their delay and availablities and their price, depending on the different demands of the distributor or the manufacturer and to inform the consumer.
The products offered conform to french legislation
The designs and colours and photos which illustrate the overal selling documents, are non contractual, the seller resrves the right to modify certain details of the products, without notice. The seller confirms to put on line a reasonable presentation ie colours , that will match as best the colours available .
The current prices are indicated in €uros without VAT, they are applicable at the stage of ordering by the consumer, and does not intergrate the vat for extra participation in transport costs , that are invoiced, if required, and that is indicated before the validation of the final order.
The prices are registered with the French VAT % , and at any moment the actual prices on the web site of JAM DIFUS can be modified, due to a change of french law.
The seller presents on the web site www.variance-auto.com the selling products and their detailed descriptions permit to respect the Consumer Code L111-1 which permits the consumer to obtain the essential information and characteristiques of the products they wish to purchase.
The seller conserves the full rights of the products sold just to the total order amount has been registered, transport costs and taxes.
The transfer of ownership of a possible third party consumer, will not be taken into account .
The sole owner of the current general sales conditions, can have access to the different clauses stipulated.
Article 7 : Delivery
1. Dates & Delivery adresses.
Conforming to article L 114-1 of the consumer code, the products of the seller are delivered in the delay time estimated that are displayed in the site web www.variance-auto.com
The delay from the warehouse displayed on the web site via the different product categories, the size and the quantities.
The products are delivered to the addresse indicated by the consumer on the order form and uniquely in :
The seller stipulates to the consumer to include all relative postal addresse information possible for delivery purposes.
The order will be considered as being finalised when the total order is sent, the consumer will be free of all charges once the products are paid for and a participation in delivery costs included.
The different mode of transport chosen will be governed via the seller reference the wieghts or volume size of the products selected by the consumer.
2. Marchandise reception
The transfer of risques to the consumer at delivery .
The consumer has a legal contractuelle obligation to verify the carton and its packaged articles, with the presence of the delivery person.
The consumer is responsable to assure the conformity of the delivery, either by themselves or a person chosen to pick up the marchandise on behalf of the consumer.
a) Problems or lost marchandise.
All abnormal occurrences during the delivery ( problems, lost products, with regards to a delivery note, or damaged goods, broken products, etc ) must imeratively be noted on the delivery note, of the delivery person, under the title of reserved detailed writing, dates, also including the consumers signature.
In case of a delivery via the delivery person, the consumer must notify the delivery company within 2 working days of the delivery, via a registered letter explaining the problems.
In case of a carton delivery by the Poste, the Company JAM DIFUS, will refer to the general sales conditions, and the service Colissimo since the 1 march 2006.
Therefore all claims have to be adressed within a delay of not more than 1 year counting from the morning after the pick up of the carton from the warehouse via the post service .
The consumer must organise a copy of the letter for the transporter to JAM DIFUS ZA Les Bruyères - Rue Lavoisier - 01960 PERONNAS France - Tel : 33(0)4-27-85-30-71 Fax : 33(0)4-74-45-31-80 after sales service via a simple letter, explaining the problems .
All claims that have been received after the delay already specified will not be accepted, without any recall from the consumer.
Only registered letters within the delay via the consumer will be taken into account, reference a problem via the transporter. The company JAM DIFUS, submits in the case of a delivery problem, the consumer must keep intact all the packaging and labels, just tot he date of resolving the customer file.
The seller will do everything in their power to resolve the situation with the transporter, in the case of the consumer already in contact the transporter.
b) Reference non conformity of Marchandise.
The consumer must formulate to the seller within the 2 working days
after the delivery date, all claims of delivery errors or non conformity of the products, that are included in the order form.
This claim needs to be adressed by registered letter by the post. All claims dated after the 2 days will not be accepted.
The consumer must indicate the number of the order, reference oft he product, with a clear description of the problem, permitting to justify the non conformity. It is advised to include if possible some photos oft he products, to justify the eventual problem.
In the case of a delivery that is not their designated order, the consumer must keep hold of the delmivery and inform the seller :
All claims not registered within the delay stipulated in the above conditions, will not be accepted or taken into account, the seller will not be held responsable for the consumers non respect of the conditions of sale.
The company JAM DIFUS will do everything in their power to resolve registered by the consumer in the shortest delay possible. In the case of an eventual error via the service, the seller will take into account the return transport costs and select a transporter to deliver the consumer with the correct order.
The consumer is informed that certain documents reference the carton, will be requested and must obtain all the relative documents, to be able to resolve completely the claim.
3 : Late delivery
The company JAM DIFUS will not be responsable for eventual late deliveries, notably errors or transport strikes( totla strikes or partial logistic break down, postal services, or other transport or communication problems.
In case of deliveries by the post the seller suggests to the consumer to verify with his local post office , if the carton is not held there, or to contact the company JAM DIFUS, Customer service via a letter or by mail.
In the same case of deliveries by the transporter, the consumer is advised to confirm the delay the with Customer service at JAM DIFUS , to be able to localise the carton lost.
If the the carton is found , it will be redirected to the consumers address as quicky as possible .
In the opposite case, or after the transporter has declared the carton being lost, or confirmation via the logistics system of the post office, the carton will be considered as being lost.
The company JAM DIFUS, will resend the original products ordered, or in the case of absolute loss of goods, will refund the cosumer the total amount stipulated in the general sales conditions.
All non respect of the above conditions , can result in refusal of the charges being taken into account by the transporter.
Article 8 : Right of refusal
Conforming to the the article L121-20 of the consumer code, if the consumer is not satisfied by a product, he or she has a delay of 7 days only accounting from the date of the delivery to resend or demand an exchange or to e reimboursed, without penalties, not including the return postal or delivery charges.
If the delay expires on a Saturday a Sunday or a national holiday,, it is prolongated just to the next working day.
This refusal clause in the 7 days is not applicable to the selling of made to measure articles specially requested by the consumer or completely personalised according to the European Directives of 20 may 1997.
The dispositions of this law is transformed for the french law, under article L121 -20-2 alinéa 3 of the consumer code, which disposes the right of refusal cannot be excersised for made to measure articles, if the specifications are totally personalised to the consumer.
Thats why the manufactured blinds made to measure and the precut films made to measure, in the colours and choice of the consumer will be manufactured depending on the specifications of the consumer will not be returned or exchanged.
Article 9 : Guarantee of the products
In case of a defected product during the period of the guarantee , the selleris invited to get in contact with the after sales service at Company Jam Difus, who will advise the consumer on the proceedure of returning the product.
No returns will be accepted without the notice via a number being already accorded via the Company Jam Difus.
This return acceptaion, and is only valid for a period of 8 working days. The defected product must be returned to the seller , complete, ( accessories , garantee coupons, notices, etc ) , all this well protected by an outer plastic packaging, showing the returns Number already confirmed by Company Jam Difus, after sales service, the returns Number printed and placed in the carton.
Conforming tot he article 4 written N° 78-464 from march 1978, the present obligationsdo not stop the consumer from a legal garantee, which obliges the professional seller to garantee against unforeseen cicumstances and sold goods. This clause is only acceptable in the case of a complete order.
The Company JAM DIFUS signals to the consumer that the product return process can take between 4 – 8 weeks, after the reception of the order by the after sales service of the Company Jam Difus.
All the charges and risques connected to return defected products are the sole charge of the consumer .
The consumer is obliged to return the defected products with the garantee coupon that is resquested under the rules of a product still under garantee.
The seller garantees the consumer as hidden rights effected that the product delivered, in the case of a remplacement of the defected products, or products that are unable to be used, or refunded , without being considered by the consumer as responsable for the eventual hidden claims, that this article 9 by consequences might entail.
All the products that garantees have expired , will not be taken into account by the seller.
All products that are supposedly defected products that are broken or neglected or the inapropriate usage ( irrespective the instructions for the installations, and the fitting of the products , false informations etc .. ) delete irrevesably the garantee manufacturer.
In the precise case, the product will be returned to the consumer in the same condition.
Article 10 : Returns
10. a General conditions
All return products must be under the seller agreement , that reply with the conditions to the after sales service of the company JAM DIFUS.
Without an agreement or respect of the current return conditions, all the cartons will be refused by the seller, and returned all costs will be at the charge of the consumer .
10.b/ Functions
At reception of the claim, the seller attributes a returns number with each product concerned, and will communicate this with the consumer. The the returning of a product can only be dealt with after a valide number of acceptation is accorded, normally valide for (8) working days.
In case of an delivery error or reception non conforming, as well as the weight ot the volume oft he products concerned, the return oft he carton will be at the charge oft he Company JAM DIFUS.
All products that are exchanged or refunded, must be returned to the seller within the (8) working days , after the accord of the return in its total integrity ( accessories, garantee coupons, etc …) in ist original packaging , and in perfect conditions, to the address : ZA Les Bruyères - Rue Lavoisier - 01960 PERONNAS France
. The returns number agreed must be clearly shown on the packaging, and the returns number must be printed off and slipped inside the packaging to be visible.
. The returns number agreed must be clearly shown on the packaging, and the returns number must be printed off and slipped inside the packaging to be visible.
10.c / Warnings / Advice : All returns must be signaled to the seller up front. Fault of respecting the enclosed proceedures, no claims , for non – conformity or visible vice of the products delivered will not be accepted.
10.d/ Conditions for return charges : All refund demands must be formulated by the consumer with justification and within the limit of the cost for a colissimo with registered assurance, if necessary. The requests within reason of being accepted by the seller, if the above comes is respected, and if the product matches the original order of the consumer, and is confirmed via the after sales service.
Article 11 : Legal Informations & Juridicial clauses.
11.a / Major Force : The two parties concerned have not failed their contractual obligations, in the case of a delayed execution that is late or hidden, or haphazard, by a major force.
Will be considered in the case of , haphazard or major force, all other overpowering circumstances, outside of the two parties, unforeseen and inevitable, independant and outside of the two parties concerned, which can not be overrided by the present clauses, despite all the reasonable efforts possible . The party touched by one of the unforeseen circumstances will advise the other party in the 10 working days after the date of being known. The two parties get together, within a delay of one month, except the impossibilité in the case of major force, to examen the incident and the conditions of how to proceed with the contract.
If the major force is longer than 3 months, the present general conditions can be resiliated by the party touched.
In the case expressed, are considered as a major force, a case of haphazardness, , other than those habitually, retained via the the juryprudence of the french law courts . The blockage of transport or stocks, earthquakes, fires, storms, flooding, lightning, broken telephone network, or difficulties in the telephone network outside of the consumer.
11.b/ Brand
Variance is a deposed Brand/ Mark owner being Mr Michel LABALME .
The rights of the mark/ brand remain the propriety of Mr LABALME current owner of the Company JAM DIFUS, which is authorised to use.
11.c/ Partial non validation :
If one or several stipulations of the present general conditions are held to be non valid , or according to a law, one of the clauses, because of definitive decision by the law courts, the other stipulations in place will keep their rights and statue.
11.d/ Non renunciation :
In fact if one of the parties does not prevail to a particuler condition in the present general sales conditions to the other party concerned, the result will be the the termination of the clause itself.
11.e/ Applicable law :
The present general sales conditions are under the french law. Also for the Capital, and the form rules of the Company. In case of a litige or reclamation, the consumer in priority the seller, to obtain a suitable solution.
11.f/ Tital : In case of difficulty in interprating between the figuring titals clauses, the titles will be claimed as non existent.
For all information, questions, and order controlling, the seller is totally at your disposition : - from the web site www.variance-film.com and www.variance-store.com on the contacts us page.
- By letter to : JAM DIFUS ,ZA Les Bruyères - Rue Lavoisier - 01960 PERONNAS France
( last update : 8 august 2006 )
