Terms of Sales

OVERVIEW

This website is operated by JOY!. Siret: 80962671600017 domiciled at 109 route de Bossons in Thyez 74300.

Throughout the site, the terms “we”, “us” and “our” refer to JOY!. JOY! offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting this site and/or purchasing one of our products, you engage in our “Service” and agree to be bound by the following terms (“General Conditions of Sale”, “General Conditions of Sale and Use” , “Terms”), including those additional terms, conditions, and policies referenced herein and/or accessible by hyperlink. These General Conditions of Sale and Use apply to all users of this site, including but not limited to users who browse the site, who are sellers, customers, merchants, and/or content contributors.

Please read these General Conditions of Sale and Use carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these General Conditions of Sale and Use. If you do not agree to all the terms and conditions of this agreement, then you must not access the website or use any services offered here. If these General Conditions of Sale and Use are considered an offer, acceptance is expressly limited to these General Conditions of Sale and Use.

All new features and all new tools that will be added subsequently to this store will also be subject to these General Conditions of Sale and Use. You can consult the most recent version of the General Conditions of Sale and Use at any time on this page. We reserve the right to update, change or replace any part of these General Conditions of Sale and Use by publishing updates and/or modifications on our website. It is your responsibility to check this page periodically to see if any changes have been made. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

TERMS OF USE OF OUR ONLINE STORE

By accepting these General Conditions of Sale and Use, you declare that you have reached the age of majority in your country, state or province of residence, and that you have given us your consent to allow any person of age minor in your charge to use this website.

Any infringement or violation of these General Conditions of Sale and Use will result in the immediate termination of your Services.

TERMS AND CONDITIONS

We reserve the right to refuse access to the Services to any person at any time, for any reason.

You understand that your content (not including your credit card information), may be transferred unencrypted, including (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or use of the Service, or any access to the Service or contact on the website, through which the Service is provided, without permission. express written notice on our part.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

PRODUCTS

1 - Prices

The seller reserves the right to modify its prices at any time but undertakes to apply the prices in force indicated at the time of the order, subject to availability on that date.

Prices are in euros. They do not take into account delivery costs, invoiced additionally, and indicated before validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store.

If one or more taxes or contributions, particularly environmental, were to be created or modified, either up or down, this change could be reflected in the selling price of the products.

2 - Availability

The online sales offers presented on our site are valid, in the absence of an indication of a particular duration, as long as the products appear in the electronic catalog and while stocks last.

In the event of unavailability and in accordance with article L 121-20-3 of the Consumer Code, you will be informed either directly on our website, or by e-mail, or by telephone of items that are out of stock. Unavailable items will be refunded in the form of a credit or bank re-credit on request.

3 - Compliance of offers

The products comply with current French legislation and the standards applicable in France. In accordance with article L 111-1 of the Consumer Code, the consumer has the possibility of knowing before placing the final order the essential characteristics of the products he wishes to purchase.

Photographs or illustrations of the products do not constitute a contractual document.

CUSTOMER ACCOUNT

Before placing an order on our site, the customer has the option of creating a customer account. To do this, he must fill out a form in the “my account” section by completing all the information concerning him. The customer undertakes to ensure the accuracy of the information provided and not to usurp the identity of a third party or modify their age.

The customer must indicate an email address and a password which will be used to identify himself on the site later. The username and password are personal and the customer undertakes not to disclose them.

THE COMMAND

1 - Placing an Order

The buyer has the possibility of placing his order online, from the online catalog and using the form which appears there, for any product, within the limits of available stocks.

The buyer will be informed of any unavailability of the product or good ordered.

For the order to be validated, the buyer must accept, by clicking where indicated, these general conditions. He will also have to choose the address and the delivery method, and finally validate the payment method.

The sale will be considered final:

after sending the buyer confirmation of acceptance of the order by the seller by email;
and after collection by the seller of the entire price.

Any order constitutes acceptance of the prices and description of the products available for sale. Any dispute on this point will take place within the framework of a possible exchange and the guarantees mentioned below.

In certain cases, including non-payment, incorrect address or other problem with the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.

2 - Modification of the order

Any order modification after confirmation by the customer is subject to acceptance by the professional seller.

3 - Archiving

The archiving of purchase orders and invoices is carried out by a reliable and durable medium that can be legally produced as proof.

PAYMENT

This is an order with obligation to pay, which means that placing the order involves payment by the buyer.

To pay for his order, the buyer has, at his choice, all the payment methods made available to him by the seller and listed on the seller's website. The buyer guarantees to the seller that he has the authorizations possibly necessary to use the payment method chosen by him, when validating the order form.

The seller reserves the right to suspend all order management and delivery in the event of refusal of authorization for payment by credit card from officially accredited organizations or in the event of non-payment. The seller reserves the right in particular to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is being administered. .

Payment of the price is made in full on the day of the order, according to the following terms:

Bank card

THE DELIVERY

1 - Delivery area

JOY! delivers throughout mainland France, Corsica, Belgium, Luxembourg and Switzerland.

2 - Delivery times

After validation of the order on our internet, we undertake to deliver the products within:

2-5 days in Metropolitan France, Belgium, Luxembourg and Switzerland

The deadlines indicated above do not include processing and delivery times.

Deadlines do not apply in the event of force majeure or fortuitous events.

3 - Delivery costs

Delivery costs are the responsibility of the customer, except when the order exceeds a previously determined amount.

4 - Delivery terms

The address you indicate on your order form is the one used for your delivery.

Deliveries are made by:

by delivery to your home via La Poste.
by delivery to a relay point via Chronopost Shop2Shop for France.
by delivery to a relay point via Mondial Relay for France, Belgium, Luxembourg..

If the product is made available, it must be collected by the customer within fifteen days of the notice of availability.

If there is no news from the customer within the indicated time frame, JOY! may, after formal notice from the customer, which remains without effect, proceed with withdrawal, automatically terminate the order. delivery costs will not be refunded, and any return costs will be borne by the customer.

PRODUCT COMPLIANCE

If the products need to be returned to the seller, they must be the subject of a return request to the seller within 15 days of delivery. Any complaint made outside this deadline cannot be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions, etc.).

1- Delivery and transfer of risk

The seller chooses a carrier to carry out the delivery to his customer's home, he therefore travels at the seller's risk.

When the customer takes physical possession of the goods, the risk is transferred to the buyer, this also concerns the risk of loss or damage which will be transferred to the customer or a third party designated by him at the time of physical possession.

Ownership of the product is transferred to the customer upon actual delivery.

2- Late delivery

If delivery is not made within 30 days following the date of the online order, the customer can request a refund from JOY!.

This deadline does not apply in the event of force majeure.

3- Failure to deliver

Failure to deliver corresponds to total failure to deliver, which results in the automatic termination of the sales contract and reimbursement of the price paid, including delivery costs.

A delay or incident in delivery will not be considered as a failure to deliver.

4- Delivery error

The buyer must make to the seller the same day of delivery or at the latest the first working day following delivery, any claim of delivery error and/or non-conformity of the products in nature or quality in relation to the indications appearing on the order form. Any complaint made after this deadline will be rejected.

The claim may be made, at the buyer's choice:

by telephone at the following number: 0789595751
by e-mail to the following address: contact@joy-cadeaux.com

Any complaint not made in accordance with the rules defined above and within the time limits cannot be taken into account and releases the seller from any liability towards the buyer.

Upon receipt of the complaint, the seller will assign an exchange number for the product(s) concerned and communicate it by e-mail to the buyer. The exchange of a product can only take place after the exchange number has been assigned.

In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, by Colissimo Registered, to the following address that we will communicate to you.

Return costs are the responsibility of the buyer.

RIGHT TO RETRACT

It is up to the customer to provide proof of this return.

The customer will be reimbursed for the entirety of their order, at the invoice price, excluding delivery costs, within 7 days of receipt by JOY! of the returned order. This refund will be made by the same means of payment as that used for the initial transaction.

The return may be refused by JOY! for the reasons set out above, the order will then be returned to the customer at the latter's expense, without the latter being able to demand any compensation or right to a refund.

PRODUCT WARRANTY

1- Legal guarantee of conformity

The seller guarantees the conformity of the goods sold with the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in articles L. 217-4 et seq. of the Consumer Code.

In the event of implementation of the legal guarantee of conformity, it is recalled that:

the buyer has a period of 2 years from delivery of the goods to act;
the buyer can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-17 of the Consumer Code;
the buyer does not have to provide proof of non-conformity of the goods during the 24 months in the case of new goods, following delivery of the goods.

2- Legal guarantee against hidden defects

In accordance with articles 1641 et seq. of the civil code, the seller is responsible for hidden defects that may affect the property sold. It will be up to the buyer to prove that the defects existed at the time of sale of the property and are likely to make the property unfit for the use for which it is intended. This guarantee must be implemented within two years from the discovery of the defect.

The buyer can choose between canceling the sale or reducing the price in accordance with article 1644 of the civil code.

FORCE MAJEURE

Any circumstances beyond the control of the parties preventing the execution under normal conditions of their obligations are considered as causes of exemption from the obligations of the parties and result in their suspension.

The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.

All irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, will be considered as force majeure. Expressly, the following are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.

The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the force majeure lasts for more than three months, these general conditions may be terminated by the injured party.

INTELLECTUAL PROPERTY

The content of the website remains the property of the seller, the sole owner of the intellectual property rights to this content.

Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.

COMPUTER AND FREEDOM

The personal data provided by the buyer are necessary to process their order and prepare invoices.

They may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders.

The processing of information communicated via the JOY! has been the subject of a declaration according to the GDPR available on the website JOY!

The buyer has a permanent right of access, modification, rectification and opposition with regard to information concerning him. This right can be exercised under the conditions and according to the terms defined on the JOY! website.

PARTIAL NON-VALIDATION

If one or more stipulations of these general conditions are held to be invalid or declared such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force. and their scope.

NON-WAIVER

The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation. in question.

TITLE

In the event of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.

CONTRACT LANGUAGE

These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authentic in the event of a dispute.

MEDIATION AND DISPUTE RESOLUTION

The buyer may resort to conventional mediation, in particular to the Consumer Mediation Commission or to existing sectoral mediation bodies, or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute. The names, contact details and email address of the mediator are available on our site.

In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals. 'European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/ .

APPLICABLE LAW

These general conditions are subject to the application of French law. The competent court is the judicial court.

This is the case for substantive rules as well as for formal rules. In the event of a dispute or complaint, the buyer will contact the seller as a priority to obtain an amicable solution.

PROTECTION OF PERSONAL DATA

Data collected

The personal data collected on this site are as follows:

account opening: when creating the user's account, their name; first name ; email address ; Phone Number ; address ;
connection: when the user connects to the website, the user records, in particular, his or her last name, first name, connection data, usage data, location data and payment data;
profile: the use of the services provided on the website allows you to complete a profile, which may include an address and a telephone number;
payment: as part of the payment for the products and services offered on the website, it records financial data relating to the user's bank account or credit card;
communication: when the website is used to communicate with other members, data concerning the user's communications are subject to temporary retention.
cookies: cookies are used as part of the use of the site. The user has the option to deactivate cookies from their browser settings.

Use of personal data

The purpose of the personal data collected from users is to provide the website's services, their improvement and the maintenance of a secure environment. More specifically, the uses are as follows:

access and use of the website by the user;
management of the operation and optimization of the website;
organization of the conditions of use of Payment Services;
verification, identification and authentication of data transmitted by the user;
offering the user the possibility of communicating with other users of the website;
implementation of user assistance;
personalization of services by displaying advertisements based on the user's browsing history, according to their preferences;
prevention and detection of fraud, malware (malicious software) and management of security incidents;
management of possible disputes with users;
sending commercial and advertising information, based on user preferences.

Sharing personal data with third parties

Personal data may be shared with third party companies in the following cases:

when the user uses payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has entered into contracts;
when the user publishes, in the free comment areas of the website, information accessible to the public;
when the user authorizes a third party's website to access their data;
when the website uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to user data, as part of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data. staff ;
if required by law, the website may transmit data to respond to claims made against the website and to comply with administrative and legal procedures;
if the website is involved in a merger, acquisition, transfer of assets or receivership procedure, it may be required to transfer or share all or part of its assets, including personal data. In this case, users would be informed, before personal data is transferred to a third party.

Security and Privacy

The website implements organizational, technical, software and physical measures in terms of digital security to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the Internet.

Implementation of user rights

In accordance with the regulations applicable to personal data, users have the following rights, which they can exercise by making their request to the following address: contact@laserrecbd.com.

the right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before implementing this right, the website may request proof of the user's identity in order to verify its accuracy.
the right to rectification: if the personal data held by the website is inaccurate, they can request that the information be updated.
the right to deletion of data: users can request the deletion of their personal data, in accordance with applicable data protection laws.
the right to limitation of processing: users can ask the website to limit the processing of personal data in accordance with the hypotheses provided for by the GDPR.
the right to object to data processing: users can object to their data being processed in accordance with the assumptions provided for by the GDPR.
the right to portability: they can request that the website give them the personal data provided to them to transmit them to a new website.

Evolution of this clause

The website reserves the right to make any changes to this clause relating to the protection of personal data at any time. If a modification is made to this personal data protection clause, the website undertakes to publish the new version on its site. The website will also inform users of the modification by email, within a minimum period of 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he has the possibility of deleting his account.