This is Jess France website terms and conditions (“Terms”). These Terms apply to the use of this Website and by accessing this Website and/or placing an order for Products you agree to be bound by the Terms set out below. If you do not agree to be bound by these terms and conditions please do not use our Website.

Before you place an order with us, if you have any questions relating to these terms and conditions please contact our Customer Service Representatives by email, or call us. Our lines are open Monday to Friday from 09:00 to 18:00 UTC +3. Please note that all calls to our Customer Services Representatives will be charged at the local rate. Inbound and outbound calls may be recorded for quality monitoring and training purposes.

You should print a copy of these Terms for future reference.

DEFINITIONS

  • Personal Information” means the details provided by you on registration;
  • “Product” means a product displayed for sale on the Website;
  • “We/us” means Jess France (JSC Fartus);
  • “Website” means the website located at https://jessfrance.com;
  • “You” means a user of this Website.

USE OF THE WEBSITE

Access

You are provided with access to this Website in accordance with these Terms and any orders placed by you must be placed strictly in accordance with these Terms.

Registration

By registering as a user of our Website, you warrant that:
(a) the Personal Information which you provide when you register as a user is true, accurate, current and complete in all respects; and
(b) you will either notify us immediately of any changes to the Personal Information by contacting our Customer Service Representatives by email or calling us; or amend the Personal Information yourself by logging into your account and making the changes.

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

Our rights

We reserve the right to:
(a) modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
(b) change these Terms from time to time in accordance with clause “Our Right to Vary these Terms”. If you do not agree to such amended terms, you must stop using the Website. If you continue to use the Website you will be deemed to have accepted the amended terms.

PURCHASE OF PRODUCTS

Ordering

By placing an order through our Website, you warrant that you are legally capable of entering into binding contracts and at least 18 years old.

When placing an order you will be added to our promotional emailing list only if you agree to do so. You can opt out of promotional email activity at any time by clicking on the “unsubscribe” link at the bottom of any marketing email. You will remain opted out of promotional email activity until you subscribe again.

How the contract is formed between you and Jess France

Your contract for the purchase of Product(s) (“Contract”) will be with JSC Fartus.

After placing an order, you will receive an email acknowledging your order has been received. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to buy a Product. All orders are subject to acceptance by Jess France, who will confirm such acceptance to you by sending you an email that confirms that the Product has been dispatched (the “Dispatch Confirmation”). The Contract will only be formed when you are sent the Dispatch Confirmation.

The Contract will relate only to those Products whose dispatch is confirmed in the Dispatch Confirmation. Jess France will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

Non-acceptance of an order may be a result of one of the following:
– The Product you ordered being unavailable from stock.
– Our inability to obtain authorisation for your payment.
– The identification of a pricing or Product description error.
– You not meeting the eligibility to order criteria set out in these Terms.

If you do require any information regarding orders you have placed with us please call us or write to us by email.

CONTRACT CANCELLATION

If you are contracting as a consumer, you may cancel a Contract at any time within 1 month, beginning on the date of dispatch of the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy.

To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately and at your own cost and risk. Please take reasonable care of the Products while they are in your possession. This provision does not affect your statutory rights.

DESCRIPTION OF PRODUCTS

We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. The price of a Product will be contained within the Dispatch Confirmation.

Every care has been taken to ensure that the description and specifications of the Products are correct. However while the colour reproduction is a close representation, a slight variation in the actual Products may occur.

PRICE AND PAYMENT

The price of the Products will be as quoted on our Website, except in cases of obvious error. These prices exclude import duties, taxes and delivery costs, which will be added to the total amount due.

Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation. The price of products is calculated according to the rate of exchange between the base currency on our website and the currency that you select as part of the purchase process at the time you place your order. We reserve the right to update such exchange rates regularly at our sole discretion, and you acknowledge that such updates may affect product pricing on the Website. You will be charged according to the applicable exchange rate at the time you place your order via the Website.

Payment is taken by PayPal. If you place an order on our Website, then you acknowledge and agree that: (i) PayPal will charge you through the payment method you have selected for your order and such other amounts that may accrue in connection with the order; (ii) that you will provide valid and current information for (a) yourself and (b) if applicable, another person, but only if you have first obtained their express consent to do so; (iii) that PayPal may use tools, software or services of payment processors to process transactions on their behalf; and (iv) if your payment is not received by PayPal for any reason from your card issuer, you agree to promptly pay all amounts due upon request and using the method that PayPal reasonably prescribes.

Every effort has been made on this Website to ensure that shopping online is safe and secure. Jess France cannot be responsible for the fraudulent use on our Website of a lost credit card, but will assist your credit card company where necessary once you have reported the fraud to them.

Pricing and VAT outside of Europe:

For certain shipping destination countries and/or products, you may be offered the option to pre-pay applicable taxes, which will then be calculated and included in the final price when you place an order through the Website. You acknowledge that such taxes are set by the shipping destination country and therefore may vary from country to country. For clarity, the option to pre-pay taxes may not be available for your shipping destination country and/or your products, in which case:

(a) you acknowledge that the amount of taxes displayed under the pre-pay option on the Website is an estimate only, and the actual taxes payable by you may be more or less than such estimate; and
(b) you will be fully responsible for paying all applicable taxes directly to the relevant authority (and for reclaiming them in the event of a cancellation of your order or the return of products, to the extent permitted in the these Terms) as determined by the relevant authority of the shipping destination, and Jess France shall have no responsibility or liability in connection with the foregoing.
Jess France may contract with a local licensed customs broker in your country, in which case, by placing an order through the Website, you authorise the applicable customs broker to act as your agent to:

(a) conduct transactions with the local customs authority;
(b) execute related documents on your behalf in connection with the import of Products in your order;
(b) facilitate your payment of applicable taxes; and
(c) if applicable, return such products to us (subject to these Terms) and (if applicable) handle the associated reimbursement claim for taxes paid. You acknowledge that, in the case of a return of products under the Terms below, if Jess France is able to obtain on your behalf reimbursement of taxes paid on orders, any such reimbursement will be paid by the applicable tax authority to the customs broker, and then Jess France will reimburse such amounts directly to you if and to the extent, and only after, Jess France receive’s such amounts from the customs broker.

Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

RETURN OF GOODS

Products purchased via the Jess France Website can be returned to us for a full refund within 1 month of the date of dispatch.

When you return a Product to us that you purchased via the Jess France website:

(a) because you have cancelled the Contract between us within the 1 month period above and provided proof of purchase (receipt, confirmation email or order number) we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you (standard delivery charges only). However, you will be responsible for the cost of returning the item to us.
(b) for any other reason (for instance, because you claim that the Product is defective). We will usually process the refund due to you as soon as possible and, in any case, within 30 days of receiving the returned Product. Products returned by you because of a defect will be refunded in full, including a refund of the standard delivery charges for sending the item to you and the cost incurred by you in returning the item to us.

We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

If you require further information please see our Returns page.

THIRD PARTY LINKS

Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed any of these third party websites and do not control and we are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

PRIVACY

We process information about you in accordance with our privacy policy. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.

If you telephone one of our customer service representatives, we may keep a recording of that call for training purposes.

OUR LIABILITY

We warrant to you that any Product purchased from us through our Website is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

We will not accept responsibility for a failure to comply with specific care instructions stated in the Product or within the Product’s packaging.

Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.

This does not include or limit in any way our liability:

(a) for death or personal injury caused by our negligence;
(b) under section 2(3) of the Consumer Protection Act 1987;
(c) for fraud or fraudulent misrepresentation; or
(d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:

(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.

EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; and
(f) the acts, decrees, legislation, regulations or restrictions of any government.

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

GENERAL

Intellectual property and right to use

Unless otherwise stated, the copyright and other intellectual property rights in the content on the Website are owned by us or our licensors. Any access or use of the Website for any reason other than your personal, non-commercial use is prohibited.

No part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or Website without our prior written permission.

You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a purchase of Product(s)) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited.

You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

Compliance with laws

The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.

Written Communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

Notices

All notices given by you to us must be given to us by email or ordinary post. We may give notice to you at either the email or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 42 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

Transfer of rights and obligations
The contract between you and us is binding on you and us and on our respective successors and assigns.

You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

Severance
If any part of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms and shall not affect the validity and enforceability of any of the remaining provisions of these Terms.

Waiver
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

Entire Agreement
We intend to rely upon these Terms and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.

Our Right to Vary these Terms

We have the right to revise and amend these terms and conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

Law

These Terms and the Contracts shall be governed by and construed in accordance with the laws of Lithuania. Any dispute or claim arising out of or in connection with the Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of Lithuania.