General Terms and Conditions of Sale for individuals
ARTICLE 1 - Subject - Scope
1.1 These general terms and conditions of sale (hereinafter referred to as the "GTC") are concluded between the company JOHN STEEL, a limited liability company with a capital of 10,000 EUR, whose registered office is at 68000 COLMAR – 13 Rue Mittlerweg, and which is registered with the Colmar Trade and Companies Register under number 822 370 441, VAT number FR46 822 370 441 (hereinafter referred to as the "Company" or the "Seller") on the one hand, and any natural person of legal age purchasing, for their personal needs (i.e. for purposes not falling within the scope of their commercial, industrial, artisanal, liberal or agricultural activity) (hereinafter referred to as the "Customer" or the "Buyer"), one or more products marketed by the Company (hereinafter referred to as the "Product" or "Products") on the other hand. Any natural person who does not meet this definition may under no circumstances claim the application of these GTC, their order being subject to the General Terms and Conditions of Sale for professionals.
1.2 Any purchase order from the Customer (hereinafter referred to as the "Order") for one or more Product(s), placed online via the Company's website www.john-steel.com (hereinafter referred to as the "Site"), is exclusively subject to these GTC.
1.3 These GTC are made available to Customers prior to the confirmation of any Order and, at any other time, on the Site, where they can be directly consulted.
ARTICLE 2 - Acceptance of the GTC
2.1 Any Order placed with the Company is unreservedly subject to these GTC, which represent the entire reciprocal commitments of the Seller and the Buyer. The latter acknowledges having expressly accepted them in their entirety, and therefore waives the right to invoke any contradictory document.
2.2 The Buyer undertakes to read these GTC before validating their Order. Therefore, by the simple act of validating their Order, the Buyer declares and acknowledges having read the GTC and accepts all of their clauses and conditions.
2.3 The Company reserves the right to modify or adapt the GTC at any time.
2.4 The only GTC applicable to an Order are those in force at the time of validation of the Order by the Customer.
ARTICLE 3 - Characteristics of the Products
3.1 The Company makes every effort to present, in a clear and legible manner, the appearance, characteristics, technical information and maintenance instructions for the Products it sells. The Customer undertakes to read them before placing their Order.
3.2 The photographs, graphics and visualizations displayed on the Site represent the Products sold by the Company as faithfully as possible but remain illustrative and without contractual value. Therefore, a difference in perception of colors and textures between the photographs, graphics or visualizations and the Products shall not constitute a non-conformity of the Products nor engage the liability of the Company.
3.3 Custom-made Products may have slight defects related to laser cutting processes, without this affecting the quality of the Product and its aesthetics. They cannot therefore be returned for this reason. Furthermore, steels (excluding galvanized steel) may show signs of superficial corrosion that do not alter the quality of the Product, which cannot be returned for this reason. With regard to solid wood, medium or compact laminate panels, the Company provides the Customer with explanatory sheets and a guide to choosing their wood panel, which the Customer undertakes to read before validating their Order. As these are unique custom-made pieces, minor differences may exist between the photos of the wooden Products on the Site and the Products themselves (color rendering, wood grains and knots, etc.). They cannot therefore be returned for this reason.
3.4 The Company provides the Customer with an editor and information on taking measurements in order to create a custom-made Product.
However, it cannot be held responsible for improper use of the editor, an error in taking or entering measurements by the Customer, or if the DXF file uploaded to the Site by the Customer should be erroneous. The Customer irrevocably accepts the automatic corrections made, where applicable, by the said editor, insofar as these are adjustments conditioning the feasibility of the Customer's project (e.g. rounding of values).
3.5 The Company reserves the right to modify the prices, packaging and specifications related to the Products at any time and without notice.
ARTICLE 4 - Order
4.1 The Buyer places an order, either via the editor available on the Company's Site, or by transmitting a DXF file to be uploaded to the Company's Site using the form available for this purpose.
4.2 The Buyer undertakes to read these GTC before validating their order.
4.3 The Buyer undertakes to read, before validating their Order, the summary thereof and to check its details (i.e. characteristics, price, quantity, dimensions and references of the Products; delivery method, costs and time; billing and delivery addresses). Therefore, the Seller cannot be held responsible for the consequences of an error in the information provided by the Buyer when placing their Order, such as a delay in delivery. Any possible additional costs or expenses related to such complications will therefore be charged to the Buyer and added to the amount of their Order.
4.4 To validate their Order, the Buyer must validate their payment after having entered their address, chosen their delivery method and their payment method from the options offered on the Site (see Article 7 - Payment methods). The validation of their Order by the Buyer implies unconditional acceptance of all the clauses and conditions of these GTC.
4.5 For the Order to be final, it requires express confirmation from the Seller, which will be notified to the Buyer as soon as possible by e-mail to the address communicated at the time of validation of the Order. The Order then becomes firm and final and can no longer be cancelled.
4.6 The Customer has the possibility, before validating their Order, to view the details of the Order and its total price, to check the details and to return to the previous pages in order to modify their delivery and payment information or the content of their Order, in accordance with Article 1127-2 of the Civil Code. On the other hand, any modification of the Order, subsequent to its validation by the Buyer, is subject to the written acceptance of the Seller who remains free to refuse the requested modification.
ARTICLE 5 - Loyalty Program
5.1 The loyalty program (hereinafter referred to as the "Program") allows the Company's Customers to accumulate, depending on the purchases made, loyalty points (hereinafter referred to as the "SteelCoin" or "SteelCoins") to be converted into vouchers.
5.2 The Program is reserved for the Company's Customers with a postal address in metropolitan France, Germany, Austria, Belgium, Spain, Italy, Luxembourg or the Netherlands.
5.3 For any Order placed on the Site, the Customer receives SteelCoins, the number of which is equal to 2% of the amount of the Order excluding taxes (HT), excluding delivery costs. Their kitty is automatically credited when the Customer receives their Order. It is specified that the update of the number of SteelCoins accumulated by the Customer, in their customer account, is not done in real time.
The Customer may, at any time, subject to having accumulated a minimum of one (1) SteelCoin, convert their SteelCoins into a voucher to be used in the form of a reduction code, it being specified that one (1) SteelCoin = 1 € of voucher.
Under no circumstances can this voucher be transferred or exchanged for cash.
This voucher is valid for one year from its date of issue and can only be used on an Order with a minimum amount of €70 including all taxes (TTC). Consequently, if the Customer does not make any purchase with the said voucher for a period of twelve (12) consecutive months, the latter becomes void.
Each SteelCoin is valid for one (1) year from the date the Customer's kitty is credited. Consequently, if the Customer does not convert their SteelCoins into a voucher before the expiry of this period, the latter become void.
The Customer may, at any time, consult the balance of their SteelCoins and their expiry date, on the Site, from their customer account.
In the event of a refund request made in accordance with these GTC, the Seller reserves the right to reduce the total number of accumulated SteelCoins by the number of SteelCoins accumulated thanks to the purchase of the Product for which the refund is requested.
5.4 The Seller collects personal data concerning the Customer when the latter creates their customer account and/or places an Order on the Site. This information is collected in writing via the customer account creation form and/or the Order placement form, on the Site.
The Customer's personal data is deleted if the Customer decides to leave the Program. To do so, they simply need to make a request by contacting the Company by e-mail at the following address: contact@john-steel.com. In this case, their customer account, if they have one, is also deleted.
The Customer may also, at any time and in the same way, exercise their rights of access and rectification, their right to object to the processing of their personal data and/or request the erasure of their personal data.
5.5 The Seller reserves the right to modify or adapt the Program at any time.
The latest version of these GTC is the one available on the Site. The Seller therefore invites the Customer to consult it regularly.
The Seller also reserves the right to send personalized offers to its Customers, and to suspend the Program.
No modification, evolution or deletion of the Program may give rise to any compensation for the Customer.
5.6 The Seller is exempt from all liability for all direct or indirect consequences of any malfunctions of the Program. In the event of a malfunction, it will nevertheless do its best to ensure that the Customer can retain the benefit of their SteelCoins.
ARTICLE 6 - Price - Fees
6.1 The Seller reserves the right to modify the prices of the Products at any time and without notice. Nevertheless, it undertakes to apply the prices in force at the time of validation of the Order by the Buyer, subject to the availability of the Products on that date.
6.2 The prices appearing on the Seller's Site are indicated in euros. They take into account the VAT applicable on the day of the Order, and are therefore prices including all taxes (TTC). Any change in the rate may be passed on to the price of the Products, up to the confirmation of the Order by the Seller, at which time it becomes firm and final.
6.3 The prices appearing on the Seller's Site take into account delivery costs. For packages whose length or width exceeds 1.80 meters or weighing more than thirty (30) kilograms, delivery costs are calculated in addition. They are then calculated according to the delivery choice made by the Buyer and indicated before the validation of the Order.
ARTICLE 7 - Payment methods
7.1 Payment is made online, at the time of validation of the Order.
7.2 Payment for the Order can be made, indifferently:
- by credit card, Visa, Mastercard or American Express,
- via the secure payment solution of Stripe,
- by Google Pay, Apple Pay, Paypal or Scalapay
- by bank transfer via Fintecture
- by administrative mandate Chorus
Payment is made in one go, or when payment for the Order is made via Scalapay, in three interest-free installments via the Scalapay payment service. The payment information communicated by the Customer at the time of payment of their Order is not saved by the Company
7.3 The Customer declares and guarantees to the Seller that they have all the necessary authorizations and rights to use the payment method chosen at the time of validation of their Order.
7.4 In the event of refusal of authorization of payment by the issuing body of the payment method chosen by the Customer, the Order is automatically cancelled by the Company. The latter cannot then be held responsible for any costs charged to the Customer by the issuing body of the payment method used.
7.5 The ordered Products remain the property of the Seller until full payment of the Order is received.
ARTICLE 8 - Invoice
8.1 The invoice for the Customer's Order is attached to the Order confirmation email sent to the Customer by the Seller.
8.2 Whatever the payment method chosen by the Customer, the Company also makes the invoice available to them, in PDF format, directly on the Site, in the customer area, at the time of dispatch of the Order.
8.3 The Company keeps a copy of each invoice in electronic format.
ARTICLE 9 - Availability of Products and delivery times
9.1 The Products presented on the Site are valid within the limits of:
- available stocks;
- the feasibility of the parts;
- the use of the transmitted DXF files.
9.2 In the event of the unavailability of a Product after validation of the Order, a technical impossibility to produce a part or an impossibility to use a DXF file, the Buyer will be informed by e-mail or by telephone. The cancellation of the order for this Product and its refund are then proposed, the rest of the Order remaining firm and final.
9.3 The place of delivery of the Products must exclusively be located in the following geographical areas: Metropolitan France, Germany, Austria, Belgium, Spain, Italy, Luxembourg, Netherlands.
9.4 The Seller ensures the delivery of the Order according to the delivery method chosen by the Customer when validating their Order from the 3 alternative delivery methods below:
- A "boost" delivery at D+3 working days for any Order placed before noon;
- A "standard" delivery at D+8 working days for any Order placed before noon;
- A "standard" delivery at D+15 working days for any Order placed before noon including parts requiring bending;
9.5 The deadlines do not take into account the closing periods available on the Site. They are therefore likely to be extended.
These deadlines are for delivery in metropolitan France by TNT, DHL or FRANCE EXPRESS.
An additional working day may be required for islands, destinations where traffic is subject to easements or restrictions (pedestrian zone, port area, market, etc.), high mountain localities and those with special constraints.
Two additional working days may be required for all deliveries to Germany, Austria, Belgium, Spain, Italy, Luxembourg, Netherlands.
The Seller informs the Customer by e-mail of any delivery delay.
9.6 In the event that the "boost" delivery times are not respected, the Seller undertakes to fully refund the price of the "boost" delivery option at the buyer's request within a period of up to 14 days after receipt of the Order. The Seller will refund the only "boost" delivery option, using the same payment method as that used by the Customer for their Order.
9.7 In any event, the Order is delivered within a maximum period of thirty (30) days from the day following the day on which the Buyer validated their Order, subject to full payment of the price and compliance with the conditions of these GTC.
In the event of a delivery delay exceeding thirty (30) working days, and where this is not due to a case of force majeure or attributable to a fault of the Customer, the Customer may, within sixty (60) calendar days from the delivery date indicated in the Order shipment confirmation e-mail, request the cancellation of the sale by registered letter with acknowledgment of receipt.
The sale is then automatically cancelled and the Customer is fully refunded within thirty (30) days, to the exclusion of any compensation.
ARTICLE 10 - Reception of Orders
10.1 When the Buyer has opted to collect the Products at the Company's head office, they will receive a telephone call and an e-mail as soon as their Order is available so that they can collect it. To collect their order at the Company's head office, the Buyer must bring a valid identity document and the Order number appearing on the Order shipment confirmation e-mail. A third party, mandated by the Buyer, may also come to collect the Order. To do so, they must bring their identity document, the Buyer's identity document, as well as the Order number.
At the time of delivery of the Order, a delivery note must be completed and signed by the Buyer or the person mandated by them.
If it appears that the Products do not comply with the Order placed by the Buyer, the latter may refuse them and make reservations on the delivery note.
The Buyer's signature, or that of the person mandated by them, affixed to the delivery note, without the addition of reservations, constitutes proof of delivery of the Order by the Company and unreserved receipt of the Products ordered by the Customer.
The Buyer has a maximum period of twenty (20) working days to collect or have their Order collected. After this period, standard products are returned to stock and custom-made products are recycled.
10.2 When the Buyer has opted for the delivery of the Products by an independent carrier, they are notified by e-mail of the dispatch of their Order (i.e. at the time of its handover to the carrier). The tracking of the Order is then provided to the Buyer by the carrier to the e-mail address provided by them at the time of validation of the said Order.
The Buyer is delivered within forty-eight (48) hours following receipt of the confirmation of dispatch of their Order, subject to the cases mentioned in Article 9.5.
The carrier goes to the postal address indicated by the Buyer at the time of confirmation of their Order, and delivers the package to the recipient on the ground floor, in person, against signature. It is the Customer's responsibility to ensure the accessibility conditions of the delivery location.
In the absence of the recipient:
- the carrier leaves a delivery notice to inform them of their passage with the time of passage and the package's delivery note number, inviting them to contact Customer Service to schedule a new delivery date, or
- the carrier drops the package at a nearby relay point and notifies the Buyer by email. The Buyer then has a certain period, depending on the relay point, to collect their Order. After this period, it is automatically returned to the Seller.
10.3 The Buyer has the obligation to check the condition and conformity of the products before signing the delivery note. The signature of the delivery note by the Buyer, or a person designated by them to receive the package, is, in any event, mandatory and, except in the case where the package is refused by the Buyer, confirms the delivery of the Products to the Buyer.
If the products have been damaged during transport, the Buyer must refuse the package and indicate on the delivery note, in the form of legible, detailed and precise handwritten reservations, accompanied by their signature, the precise and characterized reason for the refusal and any anomaly concerning the delivery (damage, missing or damaged product, damaged package, etc.).
The aforementioned reservations must, in addition, be confirmed to the Seller by e-mail or registered letter with acknowledgment of receipt, within two (2) working days from the date of delivery, specifying the Order number.
The Buyer's complaint is then taken care of by the Seller's After-Sales Service.
10.4 The signature of the delivery note by the Buyer, without the addition of legible, detailed and precise handwritten reservations, accompanied by their signature, constitutes acceptance of the Products by the Buyer, confirms the delivery of the Products to the latter by the carrier and releases the Seller from any liability towards the Buyer. Consequently, any complaint made after the signature without reservation of the delivery note by the Buyer or the person designated by them to receive the package, cannot be taken into account.
10.5 Except in special cases or unavailability of one or more Products, the ordered Products are delivered in one go.
ARTICLE 10bis - Workshop Withdrawal
10bis.1 The Customer can choose to collect their order directly from the John Steel workshop. This service is available for all products offered on the site.
10bis.2 When collecting from the workshop, order confirmation and availability emails will be sent to the Customer. The Customer has a maximum of 7 days to collect their order after confirmation of availability.
10bis.3 Upon receipt of the products, the Customer must ensure that the order is compliant. The Seller invites the Customer to refuse the package or to make any reservations on the collection note in a clear, precise, and complete manner (for example, indicating which product has what damage, the condition of the package, etc.). It is particularly advisable to avoid any general statements such as "subject to unpacking".
10bis.4 Once the order has been collected, the Customer cannot claim that a product is missing or damaged (apparent defect). If the Customer is a consumer, the absence of reservations made by the Customer upon receipt of the product does not exempt the Seller from the guarantee of conformity of the goods owed to the Customer in this case.
10bis.5 Any risk of loss or damage to the product is transferred to the Customer at the time when the latter or a third party designated by him takes physical possession of the product.
10bis.6 The order may be heavy and/or bulky. In order to transport the products safely and to comply with road regulations, the Customer is invited to check that the vehicle they will use for the collection of the products is well adapted for their transport and that they have the necessary lashing means if necessary. The loading of the products into the vehicle is carried out directly by the Customer and under their full responsibility. John Steel teams are not authorized to help the Customer load the products into their vehicle for security reasons.
10bis.7 In accordance with article 11.1 of these GTC, the right of withdrawal is excluded for custom-made products. For other products, the conditions of article 11 apply.
ARTICLE 11 - Right of withdrawal and returns
11.1 In accordance with the provisions of Article L 221-28 of the Consumer Code, the exercise of the right of withdrawal provided for in this article is excluded for custom-made Products, made to the Customer's specifications or clearly personalized.
11.2 With regard to Products other than custom-made Products, and in accordance with the provisions of Article L 221-18 of the Consumer Code, the Customer has a right of withdrawal which they may exercise from the validation of their Order and within a period of fourteen (14) days from the receipt of the Products ordered by the Customer or the person designated by them to receive the package, without having to justify their reasons or pay penalties.
The Customer must inform the Company of their wish to withdraw by contacting the Company within the aforementioned period by means of an unambiguous declaration and in one of the following ways:
by post to the following address: John Steel, 13 rue Mittlerweg, 68000 COLMAR, France;
by telephone at +33 800 746 548;
by e-mail to the address contact@john-steel.com
The Customer is free to use the withdrawal form template made available to them by the Seller.
11.3 Products other than custom-made Products, for which the Buyer exercises their right of withdrawal, must be returned to the Seller, at the Buyer's expense, to the following address: John Steel, 13 rue Mittlerweg, 68000 COLMAR, France. The Products must be Products other than custom-made Products (for which the right of withdrawal is excluded in accordance with Article L 221-28 of the Consumer Code), be intact and unused, in their original packaging and accompanied by the return slip and the invoice. Failing the return of the said Products within fourteen (14) days from the actual receipt of the Order, the latter is deemed final and no refund can be made, with the exception of the cases provided for in these GTC.
11.4 When the right of withdrawal is exercised by the Customer under the aforementioned conditions, the Seller will refund:
- when the entire Order (consisting only of Products other than custom-made Products) is returned: the full amount paid for the Order, with the exception, where applicable, of the sum corresponding to the difference between the price of the "boost" delivery and the price of the "standard" delivery offered by the Seller,
- when the Order is partially returned (with regard to Products other than custom-made Products): the price of the returned Products only.
The refund is made by the Seller using the payment method used by the Buyer at the time of validation of their Order, within a maximum period of fourteen (14) days following receipt by the Company of the returned Products.
However, the refund may be deferred until the Company has recovered the returned Products.
ARTICLE 12 - Product Warranty - Seller's Liability
12.1 The Products supplied by the Seller benefit, in accordance with legal provisions, from the legal guarantee of conformity provided for in Articles L 217-4 to L 217-14 of the Consumer Code, from the legal guarantee against hidden defects of the thing sold provided for in Articles 1641 to 1649 of the Civil Code.
12.1.1 In terms of the legal guarantee of conformity, the French Consumer Code provides as follows:
- Article L 217-3: "The seller delivers goods that conform to the contract and to the criteria set out in Article L 217-5.
- It is liable for any lack of conformity existing at the time of delivery of the goods within the meaning of Article L 216-1, which appears within two years of delivery (...)" ;
- Article L 217-4: "The goods conform to the contract if they meet, in particular, where applicable, the following criteria: 1° They correspond to the description, type, quantity and quality, particularly as regards functionality, compatibility, interoperability, or any other characteristic provided for in the contract; (...)" ;
- 2° It is fit for any special purpose sought by the consumer, brought to the seller's attention at the latest at the time of conclusion of the contract and which the latter has accepted (...)" ;
- Article L 217-5: "I.-In addition to the criteria of conformity to the contract, the goods are conforming if they meet the following criteria:
- 1° It is fit for the use usually expected of goods of the same type, taking into account, where applicable, any provision of European Union law and national law as well as any technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;
- 2° Where applicable, it has the qualities that the seller presented to the consumer in the form of a sample or model, before the conclusion of the contract (...)" ;
- Article L 217-7: "Defects of conformity which appear within a period of twenty-four months from the delivery of the goods (...) are, unless proven otherwise, presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or the defect invoked (...)" ;
- Article L 217-8: "In the event of a lack of conformity, the consumer is entitled to have the goods brought into conformity by repair or replacement or, failing that, to a reduction in the price or to the cancellation of the contract, under the conditions set out in this subsection. The consumer also has the right to suspend payment of all or part of the price or the provision of the benefit provided for in the contract until the seller has fulfilled their obligations under this chapter, under the conditions of Articles 1219 and 1220 of the Civil Code (...)
- Article L 217-9: "The consumer is entitled to demand that the goods be brought into conformity with the criteria set out in subsection 1 of this section. The consumer asks the seller to bring the goods into conformity, choosing between repair and replacement. To this end, the consumer makes the goods available to the seller" ;
- Article L 217-10: "The bringing into conformity of the goods shall take place within a reasonable time which may not exceed thirty days following the consumer's request and without major inconvenience to them, taking into account the nature of the goods and the use sought by the consumer. The repair or replacement of non-conforming goods includes, where applicable, the removal and return of these goods (...)" ;
- Article L 217-11: "The bringing into conformity of the goods takes place without any cost to the consumer. The consumer is not required to pay for the normal use they made of the replaced goods during the period prior to their replacement" ;
- Article L 217-12: "The seller may not proceed according to the choice made by the consumer if the requested bringing into conformity is impossible or entails disproportionate costs, in particular with regard to:
- 1° The value that the goods would have in the absence of a lack of conformity;
- 2° The significance of the lack of conformity; and
- 3° The possible option of opting for the other choice without major inconvenience for the consumer.
- The seller may refuse to bring the goods into conformity if this is impossible or entails disproportionate costs, in particular with regard to 1° and 2°.
- When these conditions are not met, the consumer may, after formal notice, pursue the forced execution in kind of the initially requested solution, in accordance with Articles 1221 et seq. of the Civil Code.
- Any refusal by the seller to proceed according to the consumer's choice or to bring the goods into conformity shall be motivated in writing or on a durable medium" ;
- Article L 217-13: "Any goods repaired under the legal guarantee of conformity benefit from an extension of this guarantee of six months.
- As soon as the consumer chooses repair but this is not implemented by the seller, the bringing into conformity by replacing the goods gives rise, for the benefit of the consumer, to a new period of legal guarantee of conformity attached to the replaced goods. This provision applies from the day the replacement goods are delivered to the consumer" ;
- Article L 217-14: "The consumer is entitled to a reduction in the price of the goods or to the cancellation of the contract in the following cases:
1° When the professional refuses any bringing into conformity;
2° When the bringing into conformity takes place more than thirty days after the consumer's request or if it causes them a major inconvenience;
3° If the consumer definitively bears the costs of taking back or removing the non-conforming goods, or if they bear the installation of the repaired or replacement goods or the costs related thereto;
4° When the non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.
The consumer is also entitled to a reduction in the price of the goods or to the cancellation of the contract when the lack of conformity is so serious that it justifies the immediate reduction of the price or the cancellation of the contract. The consumer is then not required to request the repair or replacement of the goods beforehand.
The consumer is not entitled to the cancellation of the sale if the lack of conformity is minor, which it is up to the seller to demonstrate. This paragraph is not applicable to contracts in which the consumer does not pay a price".
12.1.2 In terms of the guarantee against hidden defects, the French Civil Code provides as follows:
- Article 1641: "The seller is bound by the guarantee against hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lower price, if they had known them" ;
- Article 1644: "In the case of Articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned, or keeping the thing and having part of the price returned" ;
- Article 1648 paragraph 1: "The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect".
12.2 Any guarantee is excluded in the event of non-compliance with the Company's recommendations on the maintenance of the Products, in the event of misuse, negligence or lack of maintenance on the part of the Buyer, in particular in the event of the use of abrasive or corrosive products or tools, unsuitable cleaning products, in the event of exposure to excessive heat, humidity or dust, or in the event of damage to the Products due to impact.
Any guarantee is also excluded in the event of normal wear and tear of the Products related to their use, as well as in the event of modification, repair, integration of the Products by the Buyer.
12.3 In order to assert their rights, the Buyer must inform the Seller of the non-conformity or hidden defects of the Product(s) concerned, by registered letter with acknowledgment of receipt, addressed to John Steel, 13 rue Mittlerweg, 68000 COLMAR, France.
The Buyer has a period of two (2) years from the delivery of the purchased Products to exercise the legal guarantee of conformity or from the discovery of the defect to exercise the legal guarantee against hidden defects.
Any claim made after this period of two (2) years from the date of taking possession of the Products in the event of non-conformity or from the discovery of the defect in the event of hidden defects will be rejected and the Company will be released from all liability.
12.4 The legal guarantees are implemented as follows:
12.4.1 Within the framework of the legal guarantee of conformity, the Seller undertakes, at the Buyer's choice:
- Either to replace the non-conforming Product with an identical product depending on available stocks;
- Or to refund the price of the non-conforming Product if its replacement proves impossible.
12.4.2 Within the framework of the legal guarantee against hidden defects, the Seller undertakes, at the Buyer's choice:
- Either to refund the full price of the Product affected by a defect;
- Or to refund part of the price of the Product affected by a defect if the Buyer decides to keep the latter.
12.5 With regard to custom-made Products, the Seller is in no way aware of the intended use of the latter. Therefore, its liability cannot be sought for any lack of advice.
The Seller also declines all liability for design errors by the Customer of custom-made Products and for the use to which they are put.
12.6 The Seller cannot be held liable in the event of an accident to the Buyer and/or third parties, resulting from careless handling of the delivered Products.
12.7In any event, the Seller's liability, if it were to be recognized, is strictly limited to the value of the non-conforming or defective Products, without compensation of any kind and for any reason whatsoever.
12.8 The Company's liability cannot be engaged if the non-execution or delay in the execution of one of its obligations described in these GTC results from a case of force majeure. As such, force majeure means any external, unforeseeable and irresistible event within the meaning of Article 1218 of the Civil Code.
ARTICLE 13 - Modification and interruption of access to the Site
The Seller reserves the right, at any time, to temporarily interrupt access to all or part of the Site for technical reasons, modification of the contractual conditions or bringing the Site into compliance with legal or regulatory provisions and this, without having to inform the Customer beforehand.
ARTICLE 14 - Protection of personal data
14.1 Pursuant to Law No. 78-17 of January 6, 1978, it is recalled that the personal data collected by the Company from the Customer at the time of the latter's Order are necessary for the processing and proper management सूर्योदय, as well as for the establishment of their invoice, in particular.
14.2.1 The purposes, retention periods and conditions under which the Company collects and processes personal data are presented in the Site's "Personal Data and Cookies" policy, which details all the information relating to the processing of personal data, as well as the rights of the persons concerned in relation to these processing operations.
14.2.2 The processing of information communicated via the Seller's Site has been declared to the CNIL number 2058950 v 0.
14.3 It is recalled that the Customer has, in accordance with national and European regulations in force, a right of access, rectification, modification or deletion of personal data concerning them.
To obtain any information on this subject or to exercise their rights, the Customer can consult the Site's "Personal Data and Cookies" policy or contact the Company by e-mail at the following address: contact@john-steel.com
ARTICLE 15 - Intellectual Property
15.1 The John Steel brand, as well as all the illustrations, images, sketches, logos, descriptions, texts and, more generally, any content appearing on the Site are the exclusive property of the Company and are protected by French and international intellectual property laws.
15.2 Consequently, any total or partial reproduction, modification, use or distribution of the aforementioned content for any reason and on any medium whatsoever, without the express, written and prior consent of the Company, is strictly prohibited and is liable to constitute an offense of counterfeiting sanctioned by the provisions of the Intellectual Property Code and/or a tortious fault likely to engage the civil liability of the offenders of the aforementioned rights.
ARTICLE 16 - Archiving - Proof
16.1 Purchase orders and invoices are archived by the Company for a period of ten (10) years from the closing date of the accounting year during which the Order was placed, on a reliable and durable medium constituting a faithful copy and are considered by the parties as proof of all transactions between them.
16.2 The Customer may, at any time, obtain a copy of the purchase orders and invoices concerning them as archived by the Company.
They simply need to make a request to the following e-mail address: contact@john-steel.com
ARTICLE 17 - Applicable law
These GTC are subject to French law.
ARTICLE 18 - Disputes
18.1 The Customer may, at any time, address a complaint to the Company, by registered letter with acknowledgment of receipt, to the following address: John Steel, 13 rue Mittlerweg, 68000 COLMAR, France.
18.2 In accordance with Articles L 611-1 to L 616-3 and R 612-1 to R 616-2 of the Consumer Code, the Customer also has the possibility of resorting, free of charge and confidentially, to the consumer dispute mediation process pursuant to Ordinance No. 2015-1033 of August 20, 2015.
To this end, the Customer may use the services of the following mediator, according to the terms and conditions provided by them: Service of the E-commerce Mediator of the Professional Federation of E-commerce and Distance Selling (FEVAD) whose contact details are as follows: 60 rue de la Boétie, 75008 PARIS, France – or by email: mediateurduecommerce@fevad.com.
In accordance with Article L 612-2 of the Consumer Code, the dispute can only be examined by the consumer mediator when the Customer has first attempted to resolve the dispute directly with the Company by a written complaint according to the aforementioned terms. Furthermore, the dispute cannot be examined by the consumer mediator when:
- the request is manifestly unfounded or abusive;
- the dispute has been previously examined or is being examined by another mediator or by a court;
- the Customer has submitted their request to the mediator more than one (1) year after their written complaint to the Company;
- the dispute does not fall within its field of competence.
The outcome of the mediation shall be reached, at the latest, within ninety (90) days from the notification of its referral by the Mediator.
18.3 In accordance with Article 14 of Regulation (EU) No 524/2013, the Customer may also use the European Commission's online dispute resolution platform (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN).
18.4 In any event, all disputes to which this contract may give rise, concerning its validity, interpretation, execution, termination, their consequences and their aftermath, may be submitted by the Customer and the Company to the competent courts under the conditions of common law.