Legal Terms

The director of the publication is: Ms Jocelyn Ng

You can reach us:

– By email at the following address: info@joccelyn.com

– Via our contact form available on the Site.

GENERAL TERMS AND CONDITIONS OF SALE 

Any purchase from JOCCELYN is subject to prior knowledge and acceptance of these general terms and conditions of sale.

  1. Definitions

Article: articles of any kind offered for sale on the Site.

Customer: natural person, who is not a merchant, who makes the Order and possesses full legal capacity.

Order: commitment to purchase all the Articles selected by the Customer and confirmed by the Company.

Site: merchant site of the Company  accessible at www.joccelyn.com.  

Company: JOCCELYN

The Site proposes to the Customer the possibility of acquiring Articles, such as clothing and hats.

Before any use of the Site, the Customer must ensure that he/she has the technical and computer means to use the Site and order the Site’s articles and that his/her browser allows secure access to the Site. The Customer must also ensure that the computer configuration of its hardware/equipment is in good condition and free of viruses.

2. Purpose of General Terms and Conditions of Sale (GTC)

The purpose of these GTC is to set out all of the conditions under which the Company markets the Articles as proposed for sale on the Site to the Customer. They therefore apply to any Order placed by the Customer for Articles on the Site.

The Customer declares that they have read and accepted without any reservation the GTC before placing any Order.

By making and confirming an Order, the Customer confirms their acceptance of the GTC. The GTC may be updated from time to time  The  GTC applicable to any Order are those in force on the Site at the time the Customer places an Order. 

The GTC are subject to change from time to time, without notice to the Customer. It is therefore the Customer’s responsibility to read the GTC in force at the time of each Order.

The GTC applies notwithstanding any conflicting, contrary or additional terms and conditions in any Order or other communication from the Customer.  No such conflicting, contrary or additional terms and conditions shall be deemed accepted by the Company unless and until we expressly confirm our acceptance of such terms and conditions in writing.

The fact that the Company does not at any time avail itself of any provision of these GTC shall not constitute a waiver of such provision, or any other, provision of the GTC.

3. Ordering Articles

The Articles offered for sale on the Site are described and pictured with the greatest possible accuracy.  However,  minimal variations in the colour and print of the Articles may occur.  The Customer agrees that such variations will not engage the responsibility of the Company and does not affect the validity of any Order.

The Company reserves the right to correct the content of the Site at any time.

To make an order, the Customer selects the Article(s) they wish to purchase and communicate this selection to the Company via either the Order Enquiry form or via Email to info@joccelyn.com

The Company will then confirm the Articles chosen by the customer in an Order Summary sent by Email (Order Summary).  The Order Summary will contain a list of the Articles that the Customer has chosen and the final price of the Order.  The Order Summary will specify any costs that are in addition to the price of the items in the Order, such as any costs relating to customisation of the Article and the delivery cost.  

The Customer then must confirm the Order, and if necessary make any modifications or corrections before doing so.  

By confirming an Order, the Customer confirms their acceptance of the GTC.   

Once the customer makes payment in full, or part, for the Order, the contract between the Company and the Customer is validly concluded and binds each of them.  From this point on, the Customer will not be able to cancel, or modify, the Order.  The Company will try to respond to modification requests, but this remains at our discretion and may incur additional charges.

In order to be able to proceed with payment, the Customer may provide details to the Company to be included on the invoice such as the delivery address, if these differ from the details the Customer provided when making the Order.  The Company will then issue an Invoice with payment instructions over Email.

The process for delivery of any Order is described in Article 7 of these GTC. 

4. Availability of Articles 

The Articles  listed on the website are offered within the limits of available stocks.  In exceptional cases, Article(s) may be erroneously listed as in stock, such as in the case of simultaneous Orders of the same material by several customers.

The Company will notify you as soon as possible if one or more Article(s) in your Order are unavailable 

The Company does not incur any liability in the event of stock shortage or unavailability of Articles.

5. Price and Payment Terms of the Order

The prices listed on the Site, and communicated to the Customer, are in Euros with all taxes included.  The price does not include payment of any customs duties, which may be due.  Any such duties are payable by the Customer, in accordance with Incoterm: Delivered at Place (DAP).

The total amount payable for an order is specified in the Order Summary issued by the Company in accordance with Article 3, above.

All Orders are to be paid in Euros. Unless otherwise agreed by the Company in writing, payment must be made in full by way of  bank transfer.

The Customer must pay fifty percent (50%) of the invoiced amount, excluding delivery charges and taxes, within 30 days of the invoice. The Customer must pay the remaining fifty percent (50%) of the invoiced amount, plus shipping costs, and any taxes or duties due at the time the Article is ready for despatch. 

6. Timeframe 

Given that each Article is made to order, the Customer should expect a waiting period of approximately three to six (3 to 6) months from the date the Order is placed to the date the Article  is ready to ship, unless the Company advises otherwise. 

The Company will advise the Customer of any delay that may arise during the production of the Article. 

  1. Delivery

The Articles offered on the Site may be collected by the Customer or delivered (subject to customs regulations and restrictions).  All delivery charges will be invoiced to the Customer.  All customs charges are payable directly by the Customer. 

The Company will inform the Customer by email when their Order is ready for delivery.  The Article(s) ordered will be delivered to the delivery address indicated by the Customer at the time of their Order under the conditions specified in Article 3, above.  The Company will inform the Customer of an estimated delivery timeline.

The Customer must ensure that the billing and delivery information they provide to the Company in accordance with Article 3, which is included in the Order Summary and Invoice, are correct and that they remain so until the Order is delivered.  The Customer, therefore, undertakes to inform the Company of any change in billing and/or delivery information that may occur between the Order and delivery, by sending an email immediately to the Company at info@joccelyn.com.

If the Customer fails to provide correct delivery information, then in the event of delay and/or delivery error, the Company shall not be liable to the Customer for any failure to deliver.  If the Order is returned to the Company, the Company’s Customer Service Department will  contact the Customer to organise  a second delivery, which will be at the Customer’s expense.

The Company will also not be liable if non-receipt of the Order is due to the acts of a third party beyond the control of the Company or in the event of theft.

If the Order cannot be delivered due to the Customer’s absence and is returned to the Company, the Company’s Customer Service Department will contact the Customer to organise  a second delivery at the Customer’s expense.

The Customer may track the delivery of their Order by contacting the Customer Service Department via email at info@joccelyn.com.

7. Customer Service

For any request for information, clarification or complaint, the Customer must contact, as a matter of priority, the Customer Service Department of the Company.

The Company’s Customer Service Department  can be contacted using the following information:

email: info@joccelyn.com 

8. Legal and Commercial Guarantees

Legal guarantees:

All Articles offered by the Company are subject to the legal guarantee of conformity provided by law, and in particular articles L. 217-3 to L. 217-5, L. 217-7 to L. 217-18 of the French Consumer Code, and to the guarantee of latent defects provided by articles 1641 to 1648, first paragraph, of the French Civil Code. 

If a Customer believes that they have received an item which they consider to be defective or non-compliant, they  should contact the Company as soon as possible after receipt of the Order, at the following e-mail address: info@joccelyn.com, specifying the alleged defect and/or non-compliance.

It is the Customer’s responsibility to provide evidence of  the defect and/or non-compliance  alleged. The Customer must give the Company the opportunity to review the evidence of alleged defect and/or non-compliance, to determine whether the defect and/or non compliance exists, and if the defect and/or non-compliance exists, to remedy that defect and/or non-compliance.  The Customer  will refrain from intervening or involving a third party in this process. 

If any alleged defect and/or non-compliance is confirmed by the Company, the Company will then write to the Customer explaining how it intends to remedy the defect and/or non-compliance, including by replacement of the Article if that is required.

9. Obligations of the Customer

The Customer undertakes to comply with the GTC.

The Customer undertakes to use the Site and the Articles in accordance with the Company’s instructions.

The Client agrees that they will use the Site only for their own personal use, in accordance with these GTC.  In this respect, the Customer agrees to abstain from:

  • Using the Site in any unlawful way, for any illegal purpose or in any way incompatible with these GTC.
  • Selling, copying, reproducing, renting, leasing, lending, distributing, transfering or sub licensing all or part of the contents appearing on the Site or to decompile, reverse engineer, disassemble, modify, display in readable form by the Customer, attempt to discover any source code or use any software that activates or includes all or part of the Site.
  • Attempting to gain unauthorized access to the Site’s computer system or engaging in any activity that disrupts, impairs the quality or interferes with performance or degrades the functionality of the Site.
  • Using the Site for abusive purposes by deliberately introducing viruses or other malicious programs and attempting to gain unauthorized access to the Site.
  • Infringing the Company’s intellectual property rights and/or to resell or attempt to resell the items to third parties.
  • Denigrating the Site and/or articles as well as the Company on social networks and any other means of communication.

If, for any reason whatsoever, the Company considers that the Customer does not comply with these GTC, the Company may at any time, and in its sole discretion, take appropriate measures against the Customer, including any civil proceedings.

10. Right of Withdrawal

In accordance with article L.221-18 of the French Consumer Code, the Customer has a right of withdrawal within 14 days from the date of conclusion of the contract. 

The Customer may exercise this right of withdrawal in writing to info@joccelyn.com

11. Accountability

The Company shall take all necessary measures to ensure that the Customer is provided with quality products.  However, under no circumstances shall it be liable for any non-performance or improper performance of all or part of the services provided for in the contract, which is attributable either to the Customer or to the unforeseeable and insurmountable event of a third party, or to force majeure. 

The parties agree that the Company will not be liable for any indirect or consequential losses suffered by the Customer, including loss or deferment of profit or revenue, loss of business or other specified losses.

The Site may contain links to other sites not edited or controlled by the Company, which cannot be held responsible for the operation, content or any element present or obtained through these sites.

The setting up of such links or reference to any information, articles or services provided by a third party, cannot and should not be interpreted as an express or tacit endorsement by the Company of these sites and elements or their contents.

The Company is not responsible for the availability of these sites and cannot control their content or validate the advertising, articles and other information published on these websites.

It is expressly stipulated that the Company shall not be held liable in any way whatsoever in the event that the Customer’s computer hardware or electronic mail rejects, for example due to anti-spam and the e-mails sent by the Company.

By agreeing to these GTC, the Customer acknowledges they are aware of the provisions of this article and in particular the above-mentioned warranties and limitations of liability, essential conditions without which the Company would never have contracted.

12. Security

The Customer undertakes not to compromise the security of the Site.  To this end, it undertakes not to carry out any fraudulent access and/or maintenance in the Company’s information system. The Customer may not harm or interfere with the Company’s information system. Failing this, the Company may take any measure against it, including criminal liability under Articles 323-1 et seq. of the Penal Code.

13. Intellectual Property Rights

All elements of this Site and the Site itself are protected by copyright, trademark, design and/or other intellectual property rights.  These elements are the exclusive property of the Company.  All these rights are reserved for the whole world.

No title or right in any material or software will be obtained by downloading or copying material from this Site.  The Customer is expressly prohibited from reproducing (except for their personal and non-commercial use), publishing, publishing, editing, transmitting, distributing, distributing, displaying, removing, deleting, adding to this Site and the elements and software it contains, or modifying them or doing any work based on them, or selling or participating in any sale in connection with this Site, the elements of this Site or any related software.

The Company grants the Customer a non-exclusive license to use the Site.  This license is strictly personal and may not be assigned or transferred to any third party.  The license is granted for the duration of use of the Site.

Any use by the Client of corporate names, trademarks and distinctive signs belonging to the Company is strictly prohibited except with the express and prior agreement of the Company.

14. Electronic Messages

By registering on the Site, the User expressly consents to the Company sending electronic messages such as SMS, MMS, newsletter or any other electronic communication to him/her at a frequency and in a form determined by the Client.

For each mailing, the Society will offer in the body of the message the possibility to unsubscribe from the mailing list.  By registering on the Site by choosing to provide its contact information, the User agrees to receive commercial offers from the Company electronically.

15. Applicable law and jurisdiction

These GTC are governed by, and construed in accordance with, French law, without regard to principles of conflict of laws.

Terms and Conditions – Rental Agreement 

  • Payment must be made in full before garment collection date.
  • Customers are responsible for the collection and return of the garments.
  • Garments must be returned within 3 days from the date of use or otherwise agreed.   
  • Garments are hired to the customer on the understanding that they shall be returned in an undamaged condition.
  • If a garment is returned in a damaged condition, as determined by JOCCELYN in its sole discretion, you agree that JOCCELYN may invoice you for the full cost of replacing such garment as well as charge you the full amount of any lost earnings or incurred costs resulting from the damage. The garment replacement fee will vary depending on the specifics of each garment.
  • Under no circumstances are customers to attempt to clean any garments themselves by any means (dry cleaned or otherwise). If done so, JOCCELYN reserves the right to invoice for part or full replacement value of the garments and charge you the full amount of any potential lost earnings or incurred costs regardless of whether any damage has been caused.

The company JOCCELYN in its capacity as controller, undertakes to that the collection and processing of your personal data, made from the site www.joccelyn.com (hereinafter the Site) comply with the Data Protection Act of 6 January 1978, amended by Law No. 2004-801 of 6 August 2004 relating to the protection of individuals with regard to the processing of personal data and the European Regulation 2016/679 of 27/04/2016 on the protection of personal data.

As part of this commitment, JOCCELYN has implemented a Privacy Policy to provide you with all information regarding our practices regarding the collection, use and disclosure of information about you, which has been collected via our Site.

By browsing our Site, you agree to the collection, use and disclosure of your personal data as described in this Privacy Policy.

In case of modification or update, the revised Privacy Policy will be published on our Site, with the date of its update. You may regularly review our Privacy Policy, to stay informed of any changes that may have occurred.

1. What personal data are collected on our site?

Your personal data which may be collected and processed are the following:

Data relating to your identity, including your title, your name, your first names, your postal address, your telephone number, your e-mail address;

Data relating to your means of payment, including your credit card number and expiry date;

The data relating to the follow-up of our commercial relation, in particular your order number, the history of your purchases, your requests or your correspondences with our Customer Service;

Your preferences and interests;

Your technical data, including your IP address or navigation information about your device, whether it is a computer, tablet or mobile phone.

2. When are your personal data collected?

Your personal data may be collected in the following circumstances:

you place an order on the website http://joccelyn.com (order management, delivery, invoice, customer complaint);

you create a customer account;

you subscribe to the Schiaparelli newsletter;

you share an article or other media on Facebook, YouTube, Instagram or Tiktok;

you contact JOCCELYN Customer Service by any means of communication;

3. What is the purpose of collecting your personal data on the site?

In accordance with Article 6 of the European Regulation on the protection of personal data, your personal data are collected, depending on the case, either on the basis of your explicit consent or on the basis of the execution of a sales contract of our products.

Thus, your personal data are collected in order to:

  • answer your questions sent by email;
  • allow you to create and manage a personal “Your Account” space and thus purchase our products online;
  • manage and process your possible online orders and their delivery and the applicable guarantees (order management, delivery, invoice, customer complaint);
  • ensure the security of online transactions, prevent fraud and payment incidents;
  • manage and optimize the customer relationship;
  • subject to your consent: send you information about our offers, news and events (newsletters, invitations and other publications);
  • improve the functioning of our Site;
  • offer personalized services and communication;
  • to produce statistics, audience and efficiency measures of our advertising campaigns;

The personal data required to fulfill the purposes described above are marked with an asterisk in the various pages of our Site.

Failing to complete these mandatory fields, we will not be able to respond to your requests and / or provide you the products ordered on our Site.

Other information is optional and allows us to get to know you better and to improve our communications and services for you.

If we wish to disclose your personal data to partners in a way that is not included in this Privacy Policy, we will notify you in writing in advance and provide you with the opportunity to refuse such new use or disclosure of your personal data.

4. Who are the recipients of your personal data?

Your personal data are collected and processed by JOCCELYN.

They are hosted on one of the servers xxx with registered office (where) and business registration number (what).

Your personal data will not be transferred or made accessible to any third party except to:

  • any subcontractors of JOCCELYN for purely technical and logistical reasons (including carriers, hosting and site maintenance providers, payment and fraud management providers, mailing service providers);
  • any restructuring of our company, including total or partial disposal of assets, merger, absorption acquisition, division and more generally any reorganization operation.

In addition, JOCCELYN may be required to use connectors developed by third parties, which may be recipients of personal data when you use them.

The different connectors and potential recipients are:

  • Google Tag Manager,
  • Google Analytics.

Finally, JOCCELYN may be required to provide third parties with your personal data when such communication is required by law, a regulatory provision or a court order, or if such communication is necessary to ensure the protection and defense of its rights.

5. For how long can your personal data be kept?

JOCCELYN undertakes to use your personal data only for the time necessary to achieve the purposes of their collection:

  • the data relating to your orders will be available on your account as long as it remains active;
  • upon the closure of your customer account, your personal data will be archived for accounting and probative purposes for three years from the end of the business relationship;
  • your bank details will be securely stored for the time necessary to validate and pay for your order;
    They will then be immediately destroyed. In the event of a payment incident, your data will be retained for the duration of the incident management, and then for a period of three (3) to five (5) years depending on the seriousness of the incident.
  • the identification data for the purpose of sending newsletters and other JOCCELYN communications will be kept for a period of three years from their collection or your last contact with our Site;
  • personal data relating to your account will be kept as long as it is active.

Your data will be destroyed within a maximum of 2 working days from your unsubscription request.

In any case, you have the option at any time to unsubscribe newsletters by contacting our Customer Service JOCCELYN by email to the address info@joccelyn.com or by clicking on the link of unsubscribe content in each newsletter

  • copies of communications exchanged with our JOCCELYN Customer Service may also be kept for archival purposes;
  • orders and invoices of less than 120 euros will be kept for 5 years including 3 years in archive;
  • orders and invoices of more than 120 euros will be kept for 10 years including 8 years in archive;

6. What are the security measures taken by JOCCELYN?

JOCCELYN commits itself to put in place appropriate technical and organizational measures to ensure the confidentiality and security of your personal data including:

  • implementing physical and electronic backup procedures for the data collected on our Site;
  • setting up a secure access to your personal data through the implementation of a password policy with a complex structure;
  • limiting the number of employees having access to the personal data files;
  • submitting employees who, by their functions, have access to your personal data to strict confidentiality obligations;
  • Protecting with SSL encryption all financial information you provide on the Site (if any) to place orders.

Despite the measures taken by JOCCELYN, all information communicated online may be potentially intercepted and used by other people than the intended recipient.

7. What are your rights on your personal data?

In accordance with the regulations in force regarding personal data, you have the right to access and rectify your personal data, as well as to request that it be erased, oppose their processing and obtain limitation or portability to the extent that this is applicable.

You can also object to your personal data being used for the purposes of developing your customer profile.

You can provide us with instructions regarding the holding, erasure or disclosure of your personal data after your death.

These rights can be exercised directly with JOCCELYN by email at the address info@joccelyn.com accompanied by a proof of identity.

Moreover, you can at any time ask to no longer receive our offers, news and events by using the hypertext link provided for this purpose in each email we send you.

You can reach us by by email at the following address info@joccelyn.com.

You can also register on the list of opposition to cold calling on the website www.bloctel.gouv.fr.

You must update the personal data about you, in case of change including those related to your mailing address and / or email to allow us to ship your orders and contact you about it if necessary.

8. What are the possible claims?

This Privacy Policy is governed by and interpreted in accordance with French law.

French jurisdictions are territorially competent to rule any dispute relating to our Site except for the application of the rules of special jurisdiction, particularly in the event of a dispute with a consumer.

In case of dispute concerning the way in which JOCCELYN collects and processes your personal data, a claim may be made to the CNIL (3 Place Fontenoy – TSA 80715 – 75334 PARIS CEDEX 07).

If you have any questions about our Privacy Policy and JOCCELYN’s practices regarding the collection and protection of your personal data, you can contact us via our Customer Service by e-mail at info@joccelyn.com.

Access to the site joccelyn.com (hereinafter the Site) and the use of the information it contains are subject to these General Terms of Use established by the JOCCELYN.

By accessing the Site and using it, you agree to the Terms of Use. If you do not accept the content of the Terms of Use, please stop using the Site.

JOCCELYN reserves the right to modify these Terms of Use at any time and in its sole discretion.

You may regularly visit this page to check the content of the Terms of Use.

1. PERSONAL DATA

Please refer to our Personal Data Protection Policy in this respect, where you will find all necessary information relating to the purposes of the processing, the conditions of personal data collection and the recipients of your personal data.

2. INTELLECTUAL PROPERTY

The Site and all its elements (including but not limited to trademarks, texts, drawings, images, videos, animation, logos, icons, sound recordings, documents to download, interfaces, coding, software) are the exclusive property of JOCCELYN, its licensees or its suppliers and are protected by the provisions of the Code of Intellectual Property and international conventions applicable to intellectual property rights.

Any reproduction, representation, adaptation, total or partial and any download and transfer, on all media of all or part of this content, for purposes other than for private and personal use for a non-
commercial purpose of the user is strictly prohibited without the prior written consent of JOCCELYN and any other rights holders.

3. SERVICE AVAILABILITY

JOCCELYN SAS is committed to providing every effort to ensure that services are and remain accessible on its Website.

JOCCELYN SAS is subject to a duty of due care and, for this reason, it may not be held liable particularly in the following cases:

  • temporary interruptions of services as part of their maintenance;
  • temporary interruptions of services, independent of JOCCELYN’s control, particularly in the event of interruption of electricity or telecommunication services;
  • failure or malfunction of the Internet in the transmission of messages or documents;
  • or any other event constituting a case of force majeure – any event unforeseeable, irresistible and external to the parts, such as, without this list has a limiting character: war, civil insurrection, natural disasters, embargoes, fire, labor dispute, strike, rupture supply of raw materials, disruptions or strikes (total or partial) of postal services.

JOCCELYN cannot be held liable for damages relating to the use of the Internet, and in particular for the presence of any malicious computer program or any external intrusion.

JOCCELYN reserves the right to modify or interrupt temporarily or permanently all or part of the Site, at any time, without having to inform the user beforehand.

4. PURCHASES/ HIRE

Customers purchasing or hiring products must read and accept beforehand the General Conditions of Sale governing these purchases and available on the Site.

5. LIABILITY

Subject to applicable law, you use the Site at your own risk. The Website may be modified, and JOCCELYN reserves the right to restrict at any time access to certain parts or features of the Site. JOCCELYN cannot be held responsible for any interruption of service and does not guarantee that the Site is free of errors or viruses. Any download made on the Site will be made under your responsibility and JOCCELYN cannot be held responsible for any damage or loss of data occurring after the download. JOCCELYN does not guarantee that the content of the Site is exhaustive, adequate, useful, timely or certain.

6. APPLICABLE LAW

The Website has been designed and set up in accordance with the applicable provisions under French law. Use of this Website is also subject to French law.

 

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