General Terms and Conditions of Sale to Individuals
ARTICLE 1 - Purpose - Scope of Application
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 acting in their personal capacity (i.e. for purposes not related to their commercial, industrial, craft, liberal or agricultural activity) (hereinafter referred to as the "Customer" or the "Buyer") for one or more products marketed by the Company (hereinafter referred to as the "Product" or the "Products") on the other hand. Any natural person who does not meet this definition cannot in any case claim the application of these GTC, their order being subject to the General Terms of Sale to Professionals.
1.2 Any 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 subject exclusively 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 are directly accessible.
ARTICLE 2 - Acceptance of the GTC
2.1 Any Order placed with the Company is subject without reservation to these GTC which represent the entirety of the reciprocal commitments of the Seller and the Buyer. The latter acknowledges having accepted them expressly and in their entirety, and waives, as a result, any contradictory document.
2.2 The Buyer undertakes to read these GTC before validating their Order. Therefore, by simply validating their Order, the Buyer declares and acknowledges having knowledge of the GTC and accepts their entirety of 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 the Customer's validation of the Order.
ARTICLE 3 - Characteristics of the Products
3.1 The Company makes every effort to present, in a clear and readable manner, the appearance, characteristics, technical information and maintenance instructions of the Products it markets. The Customer undertakes to take note of them before placing their Order.
3.2 The photographs, graphics and visualizations displayed on the Site represent the Products marketed by the Company as faithfully as possible but are illustrative and without contractual value. Therefore, any difference in perception of colors and textures between the photographs, graphics or visualizations and the Products cannot constitute non-conformity of the Products nor engage the Company's liability.
3.3 Custom-made products may present minor 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 (except galvanized steel) may present superficial corrosion traces that do not alter the quality of the Product which cannot be returned for this reason. Regarding solid wood, medium or compact laminate panels, the Company provides explanatory sheets and a guide for choosing their wood panel, which the Customer undertakes to take note of before validating their Order. Regarding unique pieces made to measure, minor differences may exist between the photos of the wood Products on the Site and the Products themselves (color rendering, wood veins and knots, etc.). They cannot therefore be returned for this reason.
3.4 The Company provides the Customer with an editor and information on measurement taking in order to create a custom Product.
However, it cannot be held responsible for misuse of the editor, for errors in measurement or in the input of 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, if any, by said editor, insofar as they are adjustments conditioning the feasibility of the Customer's project (e.g. rounding of values).
3.5 The Company reserves the right to modify 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 via 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 of the Order and to verify its details (i.e. characteristics, price, quantity, dimensions and references of the Products; mode, fees and delivery 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 they placed their Order, such as delivery delay. All additional costs or fees related to such complications will therefore be charged to the Buyer.
4.4 To validate their Order, the Buyer must validate their payment after entering their address, choosing their delivery method and their payment method among the options proposed on the Site (cf. article 7 - Payment methods). The Buyer's validation of their Order constitutes unconditional acceptance of the entirety of the clauses and conditions of these GTC.
4.5 For the Order to be definitive, 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 the Order validation. The Order then acquires a firm and definitive character 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 verify its 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. However, any modification of the Order, subsequent to the validation of the Order 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, based on purchases made, loyalty points (hereinafter referred to as "SteelCoin" or "SteelCoins") to be converted into vouchers.
5.2 The Program is reserved for the Company's Customers, having 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 Order amount excluding taxes (HT), shipping costs excluded. Their wallet is automatically credited, at the time of the Customer's receipt of their Order. It is specified that the update of the number of SteelCoins accumulated by the Customer, in their customer account, does not take place in real time.
The Customer can, at any time, provided they have accumulated a minimum of one (1) SteelCoin, convert their SteelCoins into a voucher to be used in the form of a discount code, it being specified that one (1) SteelCoin = 1 € voucher.
Under no circumstances can this voucher be transferred or exchanged for cash.
This voucher is valid for one year from its issue date 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 said voucher during a period of twelve (12) consecutive months, it becomes void.
Each SteelCoin is valid for one (1) year from the date on which the Customer's wallet is credited. Consequently, if the Customer does not convert their SteelCoins into a voucher before the expiration of this period, they become void.
The Customer can, at any time, consult the balance of their SteelCoins and their expiration 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 SteelCoins accumulated 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 request it 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 can also, at any time and under the same conditions, exercise their rights of access and rectification, their right to object to the processing of their personal data and/or request the deletion 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 can give rise to compensation for the Customer.
5.6 The Seller is exonerated from any liability for all consequences, direct or indirect, of any malfunctions of the Program. In the event of malfunction, it will nevertheless make its best efforts so that the Customer can retain the benefit of their SteelCoins.
ARTICLE 6 - Prices - Fees
6.1 The Seller reserves the right to modify the prices of the Products at any time and without notice. However, it undertakes to apply the prices in force at the time of the Buyer's validation of the Order, subject to the availability of the Products at that date.
6.2 The prices listed 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 all taxes included (TTC) prices. Any change in the rate may be reflected in the price of the Products, and this up to the confirmation of the Order by the Seller, at which time it acquires a firm and definitive character.
6.3 The prices listed on the Seller's Site take into account shipping costs. For parcels whose length or width exceeds 1.80 meters or weighing more than 30 kilograms, shipping costs are calculated in addition. They are then calculated based on the delivery choice made by the Buyer and indicated before the Order validation.
ARTICLE 7 - Payment methods
7.1 Payment is made online, at the time of Order validation.
7.2 The Order payment 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
The payment is made in one go, or when the Order payment is made via Scalapay, in three installments without fees via the Scalapay payment service. The payment information communicated by the Customer at the time of their Order payment is not saved by the Company
7.3 The Customer declares and guarantees to the Seller that they hold all the required authorizations and rights to use the chosen payment method at the time of their Order validation.
7.4 In the event of refusal of payment authorization by the issuing body of the chosen payment method by the Customer, the Order is automatically cancelled by the Company. The latter cannot then be held responsible for any fees 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 receipt of the full payment of the Order.
ARTICLE 8 - Invoice
8.1 The Order invoice of the Customer is attached to the e-mail of Order confirmation, sent to the Customer by the Seller.
8.2 Whatever the payment method chosen by the Customer, the Company also provides them with the invoice, in PDF format, directly on the Site, in the customer space, at the time of the Order shipment.
8.3 The Company keeps, in electronic format, a copy of each invoice.
ARTICLE 9 - Availability of Products and delivery times
9.1 The Products presented on the Site are valid within the limits of:
- available stocks;
- feasibility of pieces;
- processing of transmitted DXF files.
9.2 In the event of unavailability of a Product after Order validation, impossibility of technical realization of a piece or impossibility of processing a DXF file, the Buyer is informed by e-mail or telephone. The cancellation of the order for this Product and its refund are then proposed, the rest of the Order remaining firm and definitive.
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, the Netherlands.
9.4 The Seller ensures the delivery of the Order according to the delivery method chosen by the Customer at the time of their Order validation among the 3 alternative delivery methods following:
- A "boost" delivery at J+3 working days for any Order placed before noon;
- A "standard" delivery at J+8 working days for any Order placed before noon;
- A "standard" delivery at J+15 working days for any Order placed before noon including pieces requiring folding;
9.5 The deadlines do not take into account closing periods consultable on the Site. They are therefore likely to be extended.
These deadlines are understood for a delivery in metropolitan France by TNT, DHL or FRANCE EXPRESS.
One additional working day may eventually be required for islands, destinations where circulation is subject to restrictions or restrictions (pedestrian zone, port area, market, etc.), high mountain localities and those with particular constraints.
Two additional working days are required for all deliveries in Germany, Austria, Belgium, Spain, Italy, Luxembourg, the Netherlands.
The Seller informs the Customer by e-mail of any delivery delay.
9.6 In the case where the "boost" delivery deadlines are not respected, the Seller undertakes to refund the full price of the "boost" delivery option on request from the buyer within a period that can go up to 14 days after receipt of the Order. The Seller proceeds with the refund of the sole "boost" delivery option, using the same payment method used by the Customer for their Order.
9.7 In any case, the Order is delivered within a maximum period of thirty (30) days from the day following the day when the Buyer validated their Order, subject to full payment of the price and compliance with the conditions of these GTC.
In the case where a delivery delay occurs exceeding thirty (30) days working days, and where this delay is not due to a case of force majeure or attributable to a fact of the Customer, the Customer can, within a period of sixty (60) calendar days from the date of delivery indicated in the shipment confirmation e-mail of the Order, request the resolution of the sale by registered letter with acknowledgment of receipt.
The sale is then resolved by operation of law and the Customer is fully refunded within thirty (30) days, without any compensation.
ARTICLE 10 - Receipt of Orders
10.1 When the Buyer has opted for the withdrawal of the Products at the Company's headquarters, they receive a telephone call and an e-mail as soon as their Order is available so that they can pick it up. To pick up their order at the Company's headquarters, the Buyer must present a valid identity document and the Order number appearing on the shipment confirmation e-mail of the Order. A third party mandated by the Buyer may also come to collect the Order. To do so, they must present their identity document, the Buyer's identity document, as well as the Order number.
At the time of the Order handover, a delivery note must be filled out and signed by the Buyer or the person mandated by the latter.
If it appears that the Products are not in accordance with the Order placed by the Buyer, the latter can refuse them and note reservations on the delivery note.
The signature of the Buyer, or of the person mandated by them, affixed on the delivery note, without reservations, constitutes proof of the delivery of the Order by the Company and receipt without reservation of the ordered Products by the Customer.
The Buyer has a maximum period of twenty (20) working days to pick up or have picked up their Order. After this period, standard products are put back in stock and custom products are recycled.
10.2 When the Buyer has opted for the delivery of the Products by an independent carrier, they are informed by e-mail of the shipment of their Order (i.e. at the time of its handover to the carrier). The Order tracking is then provided to the Buyer by the carrier on the e-mail address provided by the latter at the time of the Order validation.
The Buyer is delivered within forty-eight (48) hours following the receipt of the confirmation of shipment of their Order, subject to the cases mentioned in article 9.5.
The carrier delivers to the postal address indicated by the Buyer at the time of the Order confirmation, and delivers the parcel to the recipient at ground level, in person, against signature. It is the Customer's responsibility to ensure the conditions of accessibility of the delivery location.
In case of absence of the recipient:
- the carrier leaves an advice of passage to inform them of their passage with the time of passage and the parcel number inviting them to contact Customer Service to schedule a new delivery date, or
- the carrier deposits the parcel in a nearby relay point and informs the Buyer by e-mail. The Buyer then has a certain period, depending on the relay point, to pick up 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 the latter to receive the parcel, is, in any case, obligatory and, except in the case where the parcel is refused by the Buyer, confirms the handover of the Products to the Buyer.
If the products have suffered damage during their transport, the Buyer must refuse the parcel and indicate on the delivery note, in the form of legible, circumstantial and precise handwritten reservations, accompanied by their signature, the precise motivation of the refusal and any anomaly concerning the delivery (missing or damaged product, damaged parcel, etc.).
The reservations mentioned above must, in addition, be confirmed to the Seller by e-mail or registered letter with acknowledgment of receipt, within a period of two (2) working days from the date of delivery, specifying the Order number.
The Buyer's claim 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 affixing of legible, circumstantial and precise handwritten reservations, accompanied by their signature, constitutes acceptance of the Products by the Buyer, confirms the handover of the Products to the latter by the carrier and releases the Seller from any liability towards the Buyer. Consequently, any claim made after the signature without reservation of the delivery note by the Buyer or the person designated by the latter to receive the parcel, cannot be taken into account.
10.5 Except for special cases or unavailability of one or more Products, the ordered Products are delivered in one go.
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 according to the Customer's specifications or clearly personalized.
11.2 For 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 that they can exercise, at their convenience, from the validation of their Order and within a period of fourteen (14) days from the receipt of the ordered Products by the Customer or the person designated by the latter to receive the parcel, without having to justify reasons or pay penalties.
The Customer must inform the Company of their wish to withdraw in the aforementioned period by means of a declaration devoid of ambiguity and by one of the following means:
by postal mail 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 model withdrawal form provided 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 other than custom-made Products (for which the right of withdrawal is excluded in accordance with article L 221-28 of the Consumer Code), intact and unused, in their original packaging and accompanied by the return slip and the invoice. In the absence of return of the said Products within the period of fourteen (14) days from the effective receipt of the Order, the latter is deemed definitive and no refund can take place, with the exception of cases provided in these GTC.
11.4 When the right of withdrawal is exercised by the Customer in the aforementioned conditions, the Seller proceeds with the refund:
- when the entirety of the Order (composed solely of Products other than custom-made Products) is returned: of the entirety of the sums paid for the Order, with the exception, if applicable, of the sum corresponding to the difference between the price of the "boost" delivery and the price of the "standard" delivery proposed by the Seller,
- when the Order is partially returned (concerning Products other than custom-made Products): of the price of the returned Products only.
The refund is carried out by the Seller on the payment method used by the Buyer at the time of their Order validation, within a maximum period of fourteen (14) days following the receipt by the Company of the returned Products.
The refund may however be deferred until the recovery by the Company of 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 warranty of conformity provided for in articles L 217-4 to L 217-14 of the Consumer Code, from the legal warranty for hidden defects of the sold thing provided for in articles 1641 to 1649 of the Civil Code.
12.1.1 In terms of legal warranty of conformity, the French Consumer Code provides as follows:
- Article L 217-3: "The seller delivers a good in conformity with the contract as well as with the criteria set out in article L 217-5.
- It answers for defects of conformity existing at the time of the delivery of the good to the sense of article L 216-1, which appear within a period of two years from that date (...) ";
- Article L 217-4: "The good is in conformity with the contract if it meets in particular the following criteria: 1° It corresponds to the description, type, quantity and quality, notably in terms of functionality, compatibility, interoperability, or any other characteristic provided in the contract; 2° It is fit for any special use sought by the consumer, brought to the seller's knowledge at the latest at the time of the conclusion of the contract and which the latter has accepted (...) ";
- Article L 217-5: "In addition to the criteria of conformity to the contract, the good is in conformity if it meets the following criteria: 1° It is fit for the usual use expected of a good of the same type, taking into account, if applicable, any provision of Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned; 2° Where applicable, it possesses the qualities 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 good (...) are, unless proven otherwise, presumed to exist at the time of delivery, unless this presumption is incompatible with the nature of the good or the alleged defect (...) ";
- Article L 217-8: "In case of defect of conformity, the consumer has the right to the putting in conformity of the good by repair or replacement or, failing that, to the reduction of the price or to the resolution of the contract, in the conditions set out in this sub-section. The consumer also has the right to suspend the payment of all or part of the price or the delivery of the advantage provided in the contract until the seller has fulfilled the obligations incumbent on him under this chapter, in the conditions of articles 1219 and 1220 of the civil code (...)
- Article L 217-9: "The consumer is entitled to demand the putting in conformity of the good to the criteria set out in sub-section 1 of this section. To this end, the consumer solicits from the seller the putting in conformity of the good, choosing between repair and replacement. For this purpose, the consumer makes the good available to the seller ";
- Article L 217-10: "The putting in conformity of the good takes place within a reasonable time which cannot exceed thirty days following the consumer's request and without major inconvenience for him, taking into account the nature of the good and the use sought by the consumer. The repair or replacement of the non-conforming good includes, if applicable, the removal and return of this good (...) ";
- Article L 217-11: "The putting in conformity of the good takes place without any cost for the consumer. The consumer is not required to pay for the normal use he has made of the replaced good during the period prior to its replacement ";
- Article L 217-12: "The seller may not proceed according to the choice made by the consumer if the requested putting in conformity is impossible or entails disproportionate costs with regard to notably: 1° The value that the good would have without defect of conformity; 2° The importance of the defect of conformity; and 3° The possibility, if applicable, to opt for the other choice without major inconvenience for the consumer. The seller may refuse to put the good in conformity if this is impossible or entails disproportionate costs notably with regard to the 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 and following of the civil code.
- Any refusal by the seller to proceed according to the consumer's choice or to put the good in conformity, is motivated in writing or on a durable medium ";
- Article L 217-13: "Any good repaired under the legal warranty of conformity benefits from an extension of this warranty of six months.
- As soon as the consumer opts for the repair but that this is not carried out by the seller, the putting in conformity by the replacement of the good makes run, to the benefit of the consumer, a new period of legal warranty of conformity attached to the replaced good. This provision applies from the day the replacement good is delivered to the consumer ";
- Article L 217-14: "The consumer has the right to a reduction in the price of the good or to the resolution of the contract in the following cases: 1° When the professional refuses any putting in conformity; 2° When the putting in conformity takes place beyond a period of thirty days following the consumer's request or if it causes him a major inconvenience; 3° If the consumer definitively bears the costs of return or removal of the non-conforming good, or if he bears the installation of the repaired or replacement good or the costs related to it; 4° When the defect of conformity of the good persists despite the seller's attempt to put it in conformity which remained unsuccessful.
The consumer also has the right to a reduction in the price of the good or to the resolution of the contract when the defect of conformity is so serious that it justifies that the reduction in the price or the resolution of the contract be immediate. The consumer is then not required to request the repair or replacement of the good beforehand.
The consumer does not have the right to the resolution of the sale if the defect of conformity is minor, which it is incumbent on the seller to demonstrate. This paragraph does not apply to contracts in which the consumer does not proceed to the payment of a price ".
12.1.2 In terms of warranty against hidden defects, the Civil Code provides as follows:
- Article 1641: "The seller is bound by the warranty on account of the 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 lesser price for it, if he had known them ";
- Article 1644: "In the cases of articles 1641 and 1643, the buyer has the choice to return the thing and to be reimbursed the price, or to keep the thing and to be reimbursed a part of the price ";
- Article 1648 paragraph 1er: "The action resulting from redhibitory defects must be brought by the purchaser within a period of two years from the discovery of the defect ".
12.2 Any warranty is excluded in case of non-compliance with the Company's recommendations on the maintenance of the Products, in case of bad use, negligence or lack of maintenance on the part of the Buyer, notably in case of use of abrasive or corrosive products or tools, in case of exposure to excess heat, humidity or dust, or again in case of degradations of the Products due to shocks.
Any warranty is also excluded in case of normal wear of the Products linked to their use, as well as in case 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 (the) concerned Product(s), 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 warranty of conformity or from the discovery of the defect for the legal warranty for hidden defects.
Any claim formulated after this period of two (2) years from the date of taking possession of the Products in case of non-conformity or from the discovery of the defect in case of hidden defects will be rejected and the Company will be released from any liability.
12.4 The legal warranties are implemented according to the following modalities:
12.4.1 In the framework of the legal warranty 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;
- Either to refund the price of the non-conforming Product if its replacement proves impossible.
12.4.2 In the framework of the legal warranty of hidden defects, the Seller undertakes at the Buyer's choice:
- Either to refund the Buyer the full price of the Product affected by a defect;
- Either to refund the Buyer a part of the price of the Product affected by a defect if the Buyer decides to keep it.
12.5 As regards custom-made Products, the Seller does not know in any way the intended use of the latter. Therefore, his liability cannot be sought for any defect of advice.
The Seller also declines any liability regarding the design errors by the Customer of the custom-made Products and regarding the use to which they destine them.
12.6 The Seller cannot be held responsible in case of accident for the Buyer and/or third parties, resulting from a careless handling of the delivered Products.
12.7 In any case, the Seller's liability, if it should be recognized, is strictly limited to the value of the non-conforming or affected Products, and without any compensation of any nature and for any cause.
12.8 The liability of the Company cannot be implemented if the non-execution or the delay in the execution of one of its obligations described in these GTC results from a case of force majeure. To this title, force majeure is understood as any external event, unforeseeable and irresistible in the sense 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 contractual conditions or compliance of the Site with legal or regulatory provisions and this, without having to inform the Customer in advance.
ARTICLE 14 - Protection of personal data
14.1 In application of law n°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 good management of the latter, as well as for the establishment of their invoice, in particular.
14.2.1 The purposes, retention periods and conditions in which the Company collects and processes the personal data are presented in the "Personal data and cookies" policy of the Site, which details the entirety of the information relating to the processing of personal data, as well as the rights of the persons concerned in connection with these treatments.
14.2.2 The processing of the information communicated via the Seller's Site has been the subject of a declaration to the CNIL under number 2058950 v 0.
14.3 It is recalled that the Customer has, in accordance with the national and European regulations in force, a right of access, rectification, modification or deletion of the personal data concerning them.
To obtain any information on this subject or to exercise their rights, the Customer can consult the "Personal data and cookies" policy of the Site 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 the entirety of 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 laws relating to intellectual property.
15.2 Consequently, any total or partial reproduction, modification, use or dissemination of the aforementioned content for any reason and on any support, without express, written, and prior agreement of the Company, is strictly prohibited and is likely to constitute a counterfeiting offense sanctioned by the provisions of the Intellectual Property Code and/or a civil offense likely to engage the liability of the offenders to the aforementioned rights.
ARTICLE 16 - Archiving - Proof
16.1 Order forms and invoices are archived by the Company for a period of ten (10) years from the date of the closing of the accounting year during which the Order was placed, and on a reliable and durable support constituting a faithful copy and are considered by the parties as proof of the entirety of the transactions intervened between them.
16.2 The Customer can obtain, at any time, copy of the order forms and invoices concerning them such as archived by the Company.
They simply need to request it at 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 can, 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 process of mediation of consumer disputes in application of ordinance n°2015-1033 of August 20, 2015.
To this end, the Customer can resort to the services of the following mediator, according to the modalities provided by the latter: Service of the Mediator of the e-commerce of the Professional Federation of e-commerce and Distance Selling (FEVAD) whose coordinates are the following: 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 if the Customer has previously attempted to resolve the dispute directly with the Company by a written complaint according to the aforementioned modalities. Moreover, the dispute can only be examined by the consumer mediator when:
- the request is manifestly unfounded or abusive;
- the dispute has been previously examined or is currently being examined by another mediator or by a court;
- the Customer has introduced their request to the mediator within a period exceeding one (1) year from their written complaint to the Company;
- the dispute does not fall within its competence.
The outcome of the mediation intervenes, 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) n°524/2013, the Customer can also resort to the online dispute resolution platform of the European Commission (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR).
18.4 In any case, all disputes to which this contract could give rise, concerning as well its validity, its interpretation, its execution, its termination, its consequences and its suites, can be submitted by the Customer and the Company to the competent courts in the conditions of common law.