GENERAL CONDITIONS OF SAL
MISTER THOMAS MARTINS DIAS
Name of the sign : Go Elie
Head office : 35 VIEUX CHEMIN DE MONTLHERY 91620 LA VILLE-DU-BOIS / FRANCE
SIRET : 88411409100017
ARTICLE 1 - Scope of application
The present General Terms and Conditions of Sale apply, without restriction or reserve, to all sales concluded by Thomas Martins Dias ("the Seller") with consumers and non-professional buyers ("the Customers or the Customer"), wishing to purchase the products offered for sale by the Seller ("the Products") on the jesus-king.com website ("the Website").
In particular, they specify the conditions of order, payment, delivery and management of possible returns of the Products ordered by the Customers.
These General Terms and Conditions of Sale may be supplemented by special conditions, set forth on the Website, prior to any transaction with the Customer.
These General Terms and Conditions of Sale apply to the exclusion of all other conditions, in particular those applicable to sales in stores or through other distribution and marketing channels.
They are accessible at any time on the Website and will prevail, if necessary, over any other version or any other contradictory document.
As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is the one in force on the Website on the date the order is placed.
The modifications of these General Terms and Conditions of Sale are opposable to the users of the Website from the moment they are put online and cannot apply to transactions concluded previously.
ARTICLE 2 - Products offered for sale
The Products offered for sale on the Website are the following:
Here are the products offered for sale: clothing such as hoodies, sweatshirt, zip hoodies and shirt. Jewelry such as necklaces, bracelets and earrings. Decorations such as mugs and paintings. Accessories such as caps, key rings, bags and phone cases.
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products are presented on the Website.
The Customer is required to read them before placing an order.
The choice and purchase of a Product is the sole responsibility of the Customer.
The photographs and graphics presented on the Internet Site are not contractual and shall not engage the responsibility of the Seller.
The Customer must refer to the description of each Product in order to know its properties, essential characteristics and delivery times, as well as, in the event of continuous or periodic supply of a good, the minimum duration of the proposed contract.
The contractual information is presented in French and is subject to confirmation at the latest at the time of validation of the order by the Customer.
The Products presented on the Website are offered for sale in the following territories:
The United States, Canada, England and France.
In the event of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned.
For all Products shipped outside the European Union and French overseas departments and territories, the price will be automatically calculated net of tax on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. They shall be borne and are the sole responsibility of the Customer.
ARTICLE 3 - Period of validity of the offer of Products
Product offers are subject to availability of stock, as specified when the order is placed.
ARTICLE 4 - Seller's contact information
The Seller's contact information is as follows:
MISTER THOMAS MARTINS DIAS
GO ELIE, 35 OLD ROAD OF MONTLHERY 91620 LA VILLE-DU-BOIS
ARTICLE 5 - Orders
5-1 . Placing the order
It is up to the Customer to select on the Website the Products he wishes to order, according to the following terms and conditions:
After selecting the Products and validating the basket, the Customer must choose the address and the delivery method.
Thereafter, the Customer must validate his payment method.
Any order implies acceptance of the prices and descriptions of the Products available for sale.
The seller acknowledges receipt of the order as soon as it is validated by sending an email.
The Customer has the possibility to check the details of his order, its total price and to correct any errors before confirming his acceptance. It is incumbent upon him to verify the accuracy of the order and to report or correct any errors immediately.
The registration of an order on the Website is carried out when the Customer accepts the present General Terms and Conditions of Sale by ticking the box provided for this purpose and validates his order.
This validation implies the acceptance of the entirety of the present General Terms and Conditions of Sale as well as the general terms and conditions of use of the Website.
The sale is final only after the Customer has received confirmation of acceptance of the order by the Seller by e-mail, which must be sent without delay and after receipt by the Customer of the full price.
Any order placed, validated by the Customer and confirmed by the Seller, under the conditions and according to the terms and conditions described above, on the Web Site constitutes the formation of a contract concluded remotely between the Customer and the Seller.
In the absence of proof to the contrary, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over payment of a previous order.
The Customer will be able to follow the progress of his order on the Web Site.
The Seller does not intend to sell the Products on the Web Site to professionals, but only to consumers or non-professionals, for their personal needs.
The Seller therefore reserves the right to refuse orders for the same Product in large quantities and comprising more than 5 identical items.
5-2. Changing the order
Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be modified.
5-3. Order Cancellation
Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be cancelled, except in the case of exercise of the right of withdrawal or force majeure.
ARTICLE 6 - Prices
The Products are supplied at the prices in force on the Website at the time the order is placed by the Seller.
The prices are expressed in Dollars.
Prices are net of VAT (VAT not applicable according to Article 293 B of the French General Tax Code).
The prices take into account any reductions that may be granted by the Seller on the Website.
These prices are firm and non-revisable during their period of validity, as indicated on the Internet Site, the Seller reserving the right, outside this period of validity, to modify the prices at any time.
They do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the Website and calculated prior to placing the order.
If the Customer requests a shipping method that is faster or more expensive than standard shipping, the additional shipping costs, as they appear at the time of validation of the order by the Customer, shall be fully charged to the Customer.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is drawn up by the Seller and given to the Customer upon delivery of the Products ordered.
ARTICLE 7 - Terms of payment
The price is payable cash, in full, on the day the order is placed by the Customer.
The dispatch of the order and the delivery of the Products ordered are subject to the Customer's actual payment.
The payment is made by secure payment, according to the following methods:
- by credit cards: Bank Card, Visa, MasterCard, American Express, other credit cards
- by electronic wallet,
- by bank transfer.
Payment by credit card is irrevocable, except in case of fraudulent use of the card. In this case, the Customer may request the cancellation of the payment and the return of the corresponding sums.
Payment data is exchanged in encrypted.
Payments made by the Customer shall not be considered final until the Seller has actually received the sums due.
In addition, the Seller reserves the right, in the event of non-compliance with the terms of payment set forth above, to suspend or cancel the delivery of orders in progress made by the Customer.
No additional costs, in excess of the costs incurred by the Seller for the use of a means of payment may be charged to the Customer.
ARTICLE 8 - Deliveries
Article 8.1 time limits
The Products ordered by the Customer will be delivered in the United States, Canada and England (and in the following countries "Indicate the countries of delivery") within a period of "Time" from the confirmation of the order with effective payment on the Website.
When will I receive my order?
It usually takes 3 to 7 days to process an order, after which it is shipped. The delay
shipping cost depends on where you live, but it can be estimated as follows:
● United States: 3 - 4 business days
● Europe: 6 - 8 working days
● Australia: 2 - 14 working days
● Japan: 4 - 8 working days
● International: 10 - 20 working days
Where will my order be shipped from?
We work with an on-demand order processing company that has
installations all over the world!
Will customs duties be added?
Additional customs duties and taxes may be charged on orders
international. These fees are not under our control and are charged by your local office.
local customs. Customs policies vary considerably from country to country. Please
so check directly with your local customs office to see if they apply duties and taxes.
taxes to your purchases.
My order should have arrived, but I still haven't received it. What should I do?
Before contacting us, please help us by following these steps:
● Check your shipping confirmation email for any errors in
the delivery address
● Ask your local post office if they have your package.
● Stop by your neighbors in case the courier has left the package for them.
If the shipping address is correct and the package has not been deposited at the post office or
at your neighbor's house, contact us at [insert your support email address here] with the following information
your order number.
If you have found an error in your delivery address, we can send you a
replacement order, but shipping will be at your expense.
How are your products made?
We work with a distributor of print-on-demand products. They are present in
the whole world, so depending on where you are, your orders are printed and
shipped from the site that can do it most efficiently!
Tip: Check out Printful's production pictures to see how we handle
How can I track my order?
You will receive a tracking link by email when your order is shipped. If you have
questions about tracking or shipping your order, write to us at [Insert
your customer service email here].
I received an incorrect/damaged product, what should I do?
We are very sorry if the product you ordered arrived damaged.
Delivery is the transfer of physical possession or control of the Product to the Customer.
Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in a single delivery.
If the Products ordered have not been delivered within 30 days after the delivery date, for any reason other than force majeure or the Customer's fault, the sale may be cancelled at the Customer's written request under the conditions provided for in Articles L 216-2 L 216-3 L241-4 of the French Consumer Code.
The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of termination of the contract, to the exclusion of any compensation or deduction.
In the event of non-conformity of the delivered Product, the Seller - undertakes to remedy the non-conformity or to reimburse the Customer, as indicated in the article - "Seller's Liability - Warranty".
Article 8.2 transport
The Seller shall bear the risks of transport and shall be obliged to reimburse the Customer for any damage caused during transport.
Deliveries are made by an independent carrier, to the address mentioned by the Customer at the time of the order and to which the carrier can easily access.
When the Customer has itself chosen a carrier of its own choosing, delivery shall be deemed to have been made as soon as the Products ordered by the Seller have been handed over to the carrier, which has accepted them without reservation.
The Customer therefore acknowledges that it is the responsibility of the carrier to make the delivery and has no warranty claim against the Seller in the event of non-delivery of the goods transported.
In the event of a special request by the Customer concerning the packaging or transport conditions of the products ordered, duly accepted in writing by the Seller, the related costs will be subject to a specific additional invoice, based on an estimate previously accepted in writing by the Customer.
The Customer is required to check the condition of the products delivered. The Customer has a period of 3 days from delivery in which to express in writing (by post, e-mail or fax) any reservations or claims for non-conformity or apparent defect of the Products delivered (for example, damaged package already opened, etc.), with all the relevant evidence (in particular photos).
After this period and failing to comply with these formalities, the Products shall be deemed to be in conformity and free of any apparent defect and no claim may be validly accepted by the Seller.
The Seller shall reimburse or replace, as soon as possible and at its own expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions set forth in Articles L 217-4 et seq. of the French Consumer Code and those set forth in these General Terms and Conditions of Sale (see warranties, in particular).
8.3 Methods of delivery
The Vendor, when it directly takes charge of the delivery of the products ordered by its Customer on its Internet Site, offers the means of delivery mentioned below.
ARTICLE 9 - Transfer of Ownership - Transfer of Risk
The transfer of ownership of the Seller's Products shall be effected upon acceptance of the order by the Seller, evidencing the agreement of the parties on the item and the price, regardless of the date of payment and delivery.
ARTICLE 10 - Right of retraction
In accordance with the legal provisions in force, the Customer has a period of fourteen (14) days from receipt of the Product to exercise its right of withdrawal from the Seller, without having to justify its reasons or pay any penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within ten (10) days of notifying the Seller of the Customer's decision to withdraw from the contract.
Returns must be made in their original condition and complete (packaging, accessories, instructions ...) allowing them to be put back on the market in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products are not accepted.
The right of withdrawal may be exercised online, using the withdrawal form available on the Web Site (hereinafter), in which case an acknowledgement of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or any other statement, unambiguous, expressing the willingness to withdraw.
In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the Product(s) purchased and the delivery costs shall be refunded; the return costs shall remain at the Customer's expense.
Reimbursement shall be made within a period of 14 days (at the most) from notification to the Seller of the decision to withdraw.
ARTICLE 11 - Responsibility of the Seller - Warranty
Go Elie (MONSIEUR THOMAS MARTINS DIAS, 35 VIEUX CHEMIN DE MONTLHERY 91620 LA VILLE-DU-BOIS,France, 88411409100017) carries the legal guarantees of conformity as well as the guarantee of hidden defects.
The Products sold on the Website comply with the regulations in force in France and have performances compatible with non-professional uses.
The Products supplied by the Seller benefit by right and without additional payment, independently of the right of retraction, in accordance with the legal provisions:
- the legal guarantee of conformity, for Products that are apparently defective, damaged or damaged or do not correspond to the order,
- the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and making them unfit for use,
under the conditions and according to the terms and conditions referred to in the box below and defined in the appendix to these General Terms and Conditions of Sale (Conformity Warranty / Hidden Defects Warranty).
It is recalled that under the legal guarantee of conformity, the Customer has a period of two years from the delivery of the goods to act against the Seller;
The Customer may choose between repair or replacement of the Product ordered, subject to the cost conditions provided for in Article L 217-9 of the French Consumer Code.
The Customer is exempt from providing proof of the existence of the Product's lack of conformity during the twenty-four months following delivery of the Product.
The legal guarantee of conformity applies independently of any commercial guarantee that may cover the Product.
The Customer may decide to implement the warranty against hidden defects of the Products in accordance with Article 1641 of the Civil Code; in this case, the Customer may choose between cancellation of the sale or a reduction of the sale price in accordance with 1644 of the Civil Code.
In order to assert its rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of 2 years from the discovery of the latent defects, without this period exceeding the five-year limitation period for contractual liability.
The Seller shall reimburse, replace or have repaired the Products or parts under warranty that are deemed to be non-compliant or defective.
Shipping costs will be reimbursed on the basis of the invoiced price and the return shipping costs will be reimbursed upon presentation of supporting documents.
Reimbursement of Products found to be non-conforming or defective will be made as soon as possible and no later than 30 days following the Seller's discovery of the non-conformity or latent defect.
Reimbursement shall be made by crediting the Customer's bank account or by bank check sent to the Customer.
The Seller shall not be liable in the following cases:
- non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to check,
- in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the Product, accident or force majeure.
The Seller's warranty is, in any event, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.
If a contractual warranty is provided = additional warranty proposed by the Seller
The Products purchased on the Website may benefit, in addition to the legal guarantees of conformity and hidden defects, from a contractual guarantee which is subject to payment as indicated in the description of each Product concerned, according to the terms, conditions and prices appearing in the appendix to these General Terms and Conditions of Sale (Guarantee Contract).
ARTICLE 12 - Protection of personal data
In application of the law 78-17 of January 6, 1978 modified by the law n°2018-493 of June 20, 2018, it is reminded, in accordance with the Site's confidentiality policy, that the personal data requested from the Customer is necessary for the processing of his order and the establishment of invoices, in particular.
This data may be communicated to any partners of the Seller responsible for the execution, processing, management and payment of orders.
The processing of information communicated through the Website complies with the legal requirements for the protection of personal data, the information system used ensuring optimal protection of such data.
The Customer has, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification, opposition of portability and limitation of the processing with regard to the information concerning him.
This right may be exercised under the conditions and according to the terms and conditions defined on the Website via its privacy notice.
ARTICLE 13 - Intellectual Property
In accordance with the Seller's TOU, the content of the Website is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and is likely to constitute a counterfeiting offence.
ARTICLE 14 - Foresight
In the event of a change in circumstances unforeseeable at the time of the conclusion of the contract, in accordance with the provisions of Article 1195 of the Civil Code, the Party who has not agreed to assume an excessively onerous risk of performance may request a renegotiation of the contract from its co-contracting party.
ARTICLE 15 - Force majeure
The Parties may not be held liable if the non-execution or delay in execution of any of their obligations, as described herein, results from a case of force majeure, as defined in Article 1218 of the Civil Code.
ARTICLE 16 - Applicable law - Language
The present General Terms and Conditions of Sale and the operations resulting from them are governed by French law.
They are written in French. In the event that they are translated into one or more languages, only the French text shall be deemed authentic in the event of a dispute.
ARTICLE 17 - Disputes
All the litigations to which the operations of purchase and sale concluded in application of the present general conditions of sale could give place, concerning so much their validity, their interpretation, their execution, their cancellation, their consequences and their consequences and which could not be solved between the salesman and the customer will be subjected to the courts of competent jurisdiction under the conditions of common law.
The Customer is informed that it may in any event have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (C. consom. art. L 612-1) or with the existing sector-based mediation bodies, whose references appear on the Website, or to any alternative dispute resolution method (e.g. conciliation) in the event of a dispute.
ARTICLE 18 - Pre-contractual information - Acceptance of the Customer
The fact for a natural person (or legal entity) to order on the Internet Site implies full and complete acceptance and acceptance of these General Terms and Conditions of Sale and obligation to pay for the Products ordered, which is expressly recognized by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Seller.
APPENDIX I - PROVISIONS RELATING TO LEGAL GUARANTEES
Article L217-4 of the Consumer Code
The seller is obliged to deliver goods in conformity with the contract and is liable for any defects of conformity existing at the time of delivery. He shall also be liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter was made at his expense by the contract or was carried out under his responsibility.
Article L217-5 of the Consumer Code
To be in conformity with the contract, the property must :
- be fit for the use ordinarily expected of a similar good and, where applicable, correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model
- present the qualities that a buyer can legitimately expect with regard to public statements made by the seller, the producer or his representative, particularly in advertising or labelling
- Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter.
Article L217-12 of the Consumer Code
The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods.
Article L217-16 of the Consumer Code
When the buyer requests from the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable property, a restoration covered by the warranty, any period of immobilization of at least seven days is added to the remaining duration of the warranty. This period starts from the date of the buyer's request for intervention or from the date the goods are made available for repair, if this availability is subsequent to the request for intervention.
Article 1641 of the Civil Code
The seller is bound by the warranty on account of hidden defects of the thing sold which render it unfit for the use for which it is intended, or which diminish this use so much that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them.
Article 1648 paragraph 1 of the Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
APPENDIX II - WITHDRAWAL FORM
The present form must be completed and returned only if the Customer wishes to retract from the order placed on jesus-king.com, except for exclusions or limits to the exercise of the right of retraction according to the applicable Terms and Conditions of Sale.
To the attention of "Number and street of the Seller".
"Seller's zip code"
I, the undersigned, ............................................(NAME AND FIRST NAME), residing .................................. (ADDRESS), hereby notify you of my withdrawal from the contract referenced below
- Order from ............................
- Order number: ...........................................................
- Customer Name: ...........................................................................
- Customer Address: .......................................................................
Customer's signature (only in case of notification of this form on paper) :