Terms & Conditions of use | Terms & Conditions of sale

 

A. General Terms

Before using christelejacquemin.com website (the "website"), please review all the terms and conditions included below, as the terms and conditions for the use ("Use terms"), the terms and conditions of sales ("Sales terms", and additional terms, together with the privacy policy, govern your ("customer", "you", "your", or similar terms) use of the website and any purchases that you make or attempt to make.

If you do not agree to these terms, please exit and do not use the website.

Christèle Jacquemin ("We", "Us" and similar terms) may update the use terms, sales terms, additional terms and privacy policy at any time without prior notice. By continuing to use the website after any update, you accept and agree to be bound by, and consent to, the current terms including any changes.

christelejacquemin.com website is operated by Christèle Jacquemin. christelejacquemin.com is a ecommerce platform and has its headquarters at C/ Green, 4 - Bl. 1, Esc. Izda, 1ºC . 30506 Altorreal (Murcia) .Spain.

You may find the privacy policy here.

 

B. Terms & Conditions for the use of christelejacquemin.com website

 

B.1. General

All use of christelejacquemin.com website is subject to these use terms. By using christelejacquemin.com website, you agree to comply with, and be bound by, the use terms.

 

B.2. Data security and privacy

B.2.1. Privacy Policy - christelejacquemin.com privacy policy governs the use of any personal information that you provide on this website or is otherwise collected through your use of the website.

B.2.2. Records - Without limiting the terms of the privacy policy, you acknowledge and agree that Christèle Jacquemin may preserve any transmittal or communication of you with Christèle Jacquemin through the website (or customer service), and may also disclose such data if required to do so by law or Christèle Jacquemin determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce the use terms, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Christèle Jacquemin, users of or visitors to the website, and the public.

 

B.3. Intellectual property

B.3.1. Ownership - christelejacquemin.com website and material on christelejacquemin.com website (including all intellectual property of any nature, whether registered or unregistered, including photographs, videos, written text, logos, trademarks) are the exclusive property of Christèle Jacquemin. You may not reproduce by any means or process in whole or in part, distribute, publish, transmit, create derivative works based on, modify or sell any material contained on christelejacquemin.com website.

The "Christèle Jacquemin" trademark and all other Christèle Jacquemin related marks and logos, whether registered or not registered, displayed on christelejacquemin.com website, are and will remain the exclusive property of Christèle Jacquemin. Any reproduction, distribution, transmission, modification, or use of any Christèle Jacquemin trademark for any purpose is prohibited.

B.3.2. Feedback - You agree that any and all feedback, reviews, suggestions, concepts, photographs, testimonials, and other items and materials (except your personal information) disclosed or submitted to Christèle Jacquemin through this website or by other means are neither confidential nor proprietary to you and may be used by Christèle Jacquemin without restriction or compensation. 

B.3.3. Linking - christelejacquemin.com may contain links to third party websites not under the operation or control of Christèle Jacquemin. All such links are provided as a convenience only and are not, and should not be interpreted as, an express or implied endorsement of such third party websites or any products or services that may be offered thereon. Christèle Jacquemin shall have no liability or responsibility for the content, availability, or otherwise in connection with such third party websites. Any questions or concerns about third party websites should be directed to the owners of operators of such websites. Please review the terms and conditions that may be imposed by such websites, as they may be different from the use terms.

B.3.4. Use restrictions

B.3.4.1. No scraping – You may not use any automatic device, program, or methodology (including, without limitation, page-scrape, robot, or spider), or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the website, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website. Christèle Jacquemin reserves the right to bar any such activity.

B.3.4.2. No circumvention – You may not attempt to gain unauthorised access to any portion or feature of the website, or any other systems or networks connected to the website by hacking or any other illegitimate means.

In addition, you may not probe, scan or test the vulnerability of the website or any network connected to the website, nor breach the security or authentication measures on the website. You may not reverse look-up, trace or seek to trace any information on any other user or visitor to the website, or any other customer of Christèle Jacquemin, or exploit the website or any service or information made available or offered by or through the website, in any way where the purposes is to reveal any information, including but not limited to personal information, other than your own information, as provided for by the website.

B.3.4.3. No interference – You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the website or any transaction being conducted on the website, or with any other person’s use of the website.

B.3.4.4. No unlawful use – You may not use the website for any purpose that is unlawful or prohibited by these use terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Christèle Jacquemin or others.

 

C. Terms & conditions of sale for christelejacquemin.com website

The purchase or attempted purchase by you of any products offered on christelejacquemin.com website is subject to these sale terms. For each order on christelejacquemin.com website, your acceptance of the sale terms in force at the date of order will be required.

 

C.1. Purchase – general terms

C.1.1. Not for resale – Orders may only be placed on christelejacquemin.com website for personal use and not for resale. Any resale or distribution of Christèle Jacquemin products purchased on christelejacquemin.com is strictly prohibited.

C.1.2. Delivery – Christèle Jacquemin products ordered via christelejacquemin.com website may be delivered worldwide.

C.1.3. Right to cancel – Christèle Jacquemin reserves the right to cancel any order placed by a customer in its sole discretion and without liability, including, without limitation, an order from a customer with whom it has a dispute concerning prior order or if Christèle Jacquemin has reasonable cause to suspect that such customer has violated the sales terms, is engaged in any fraudulent activity, or for any other reason.

C.1.4. Quantity restrictions – To ensure the best quality service and product availability, you may not order on christelejacquemin.com website more than two items of the same SKU number within a period of thirty (30) calendar days. Additional restrictions may apply to certain products or classes of products. If you attempt to order more products than are permitted, customer service will contact you.

C.1.5. Availability – All offers of products as they are displayed on christelejacquemin.com website are subject to availability. Christèle Jacquemin reserves the right to change the items proposed on christelejacquemin.com website at any time and without notice. We attempt to provide information about the availability of products at the time of the ordering, but at time errors may exist, including when simultaneous orders of the same product are being placed by several customers. If a product is not available, you will be informed by email, and you will be allowed to purchase a substitute item shown on christelejacquemin.com website or to cancel your order. If you choose to cancel your order, any amounts already charged will be refunded. Christèle Jacquemin shall not be liable if products are not available.

C.1.6. Account - Certain features or services offered on or through the website may require you to open an account. You are entirely responsible for maintaining the confidentiality of the information for your account,including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Christèle Jacquemin immediately of any unauthorised use of our account or password, or any other breach of security. You may be held liable for losses incurred by Christèle Jacquemin or any other user of or visitor to the website due to someone else using your account as a result of your failing to keep your account information secure and confidential. Access to your account may be terminated or suspended in our sole discretion. See the termination of access section for more information.

 

C.2. Purchase – Confirmation

C.2.1. Pre-order summary – For each product selected on christelejacquemin.com website, a summary page will be displayed and may feature a photograph of the item, the unit price, the quantity ordered, and the total amount owed for your order. Before placing your order by clicking on the “purchase” button, please confirm that this information accurately reflects your selection. Once you have confirmed your order, it will be submitted for processing.

C.2.2. Visual accuracy – While we take steps to try to ensure that the colours of Christèle Jacquemin products in the photographs or other representations displayed on christelejacquemin.com website are representative of the original products, variations may occur due to technical restrictions of colour reproduction on your computer equipment. Accordingly, Christèle Jacquemin shall not be liable for any error or inaccuracy in the photographs or other representations of Christèle Jacquemin products displayed on christelejacquemin.com website. If you have any questions about the products, please contact customer service.

C.2.3. Submitted orders – Once your order is submitted for processing, it may not be amended or cancelled except pursuant to the conditions provided for herein or pursuant to applicable law. Pacing an order confirms your acceptance of the sale terms. Once an order is placed you will receive an order summary via email.

C.2.4. Records – The data collected by christelejacquemin.com website establishes the terms of the transaction between Christèle Jacquemin and her customers. In the event of a dispute between Christèle Jacquemin and her customers relating to a transaction entered into using christelejacquemin.com website, and subject to Christèle Jacquemin’s right to cancel or not accept an order, the data collected by Christèle Jacquemin are the terms of the transaction.

C.2.5. Gift cards - Your e-gift cards must be redeemed by making a purchase(s) on www.christelejacquemin.com. Your e-gift cards may be applied toward the purchase of any product(s), unless otherwise stated on the promotion and it may not be used to purchase another e-gift card. The purchase amount will be deducted from your e-gift card balance, including shipping and taxes. No shipping or other fees will be charged for the purchase, administration or redemption of an e-gift card. If a purchase exceeds the balance on your e-gift card, the difference between the balance on your e-gift card and the purchase amount must be paid with the available payment method offered on christelejacquemin.com. Your e-gift card and unused portions of your e-gift card do not expire. To redeem any remaining balance on your e-gift card, you or the designated recipient must provide the e-gift card number at the time of purchase. E-gift cards are available in €100, €250, €500, €750 and €1,000 amounts and are emailed to the designated recipient or to yourself immediately after purchase.

 

C.3. Purchase – pricing and payment

C.3.1. Listed price – The pricing for all Christèle Jacquemin products on christelejacquemin.com website are in Euros and includes VAT tax and express shipping costs. Christèle Jacquemin reserves the right to modify the prices of products offered on christelejacquemin.com website at any time without prior notice. You will be charged the prices displayed on christelejacquemin.com at the time your order was confirmed provided the goods ordered are available at this time, however, Christèle Jacquemin reserves the right not to accept or cancel your order in our sole discretion for any reason with liability, including if the products are not available, are incorrectly priced or are otherwise incorrectly described.

C.3.2. Payment methods – You are required to pay for any order placed on christelejacquemin.com website immediately upon confirmation of your order. Your order will only be processed for shipment once we have verified your payment method and received authorization to process your payment. We only accept payment by charge card or credit card. All orders are payable in Euros. We accept the following charge cards and credit cards: Mastercard, Visa and American Express. Your charge card or credit card will be debited at check out.

C.3.3. Title – All products ordered through christelejacquemin.com website remain the property of Christèle Jacquemin until full payment is tendered to Christèle Jacquemin. In the event of a payment dispute, you are required to return the products that are the subject of the dispute to Christèle Jacquemin immediately upon request, and to assume the risks (in particular the risks of loss, theft, and damage) relating to such products.

 

C.4. Shipping and delivery

C.4.1. Signature required – A signature of an adult aged 18 years of older may be required for delivery. Customer assumes all responsibility once a signature is obtained at the delivery address.

C.4.2. Shipping costs – All shipping costs using express service such as UPS, or equivalent are free.

C.4.3. Delivery timing – During the ordering procedure, we will inform you of the time required for delivery. Currently expected delivery timing: four to ten working days (may take longer for some destinations).

C.4.4. Taxes – We charge and collect 21% VAT taxes for online transactions as required by applicable laws and regulations. The pricing displayed in christelejacquemin.com website are tax inclusive.

C.4.5. Delivery problems – Any delivery failure or late delivery that exceeds ten (10) business days should be reported to our customer service as soon as possible. In order for your claim of delivery failure or late delivery to be accepted, you must notify us within thirty (30) calendar days from the date of confirmation of your order.

You must check that your shipment is correct on delivery. If there are any discrepancies in your order, for example damaged or missing goods, when you receive your order, you should note the nature of the problem by hand, if possible, on the delivery notice, and sign. You must contact us as soon as possible but no later than ten (10) days after receiving the delivery.

 

C.5. Returns and exchanges

C.5.1. Returns and exchanges of purchased items – You may return any full-priced product ordered on christelejacquemin.com website for exchange or refund within fourteen (14) calendar days from the delivery date. Returned products must be in their original condition, unaltered, and in the same condition in which it was received, and in the original packaging (including, if possible, the original delivery mailer). The original invoice must be provided with any return. Christèle Jacquemin will determine in its sole discretion whether the products are in original condition when returned. If Christèle Jacquemin determines that the products are not in original condition they will be retourned to you. Please allow up to ten (10) days for processing of your return.

Returning a product for exchange or refund is at no additional cost by using the same express service. Contact customer service to get our express service customer number.

C.5.2. Restrictions

C.5.2.1. Personalised products – a product ordered on christelejacquemin.com website that has been personalised cannot be returned for exchange or refund.

C.5.2.2. Sale and other non-refundable products – all products sold as part of a sale are final and not returnable. Christèle Jacquemin reserves the right to designate other products as non-returnable. Any such designation will be noted on the product detail page.

C.5.3. Return or exchange of gift items - If you received an item as a gift from christelejacquemin.com, you may exchange it for another item of equal or greater value within fourteen (14) days of delivery. You, the gift recipient, must pay the difference in price. You may exchange the gift item either (1) for a different item of equal or greater value, or (2) multiple items that together are equal to or greater in value than the purchased products. 

C.5.4. Return of a gift purchased with eGift cards - If you return a gift purchased with eGift cards, you may choose to receive a Christèle Jacquemin egift card or to have the buyer credited for the purchase price of the item.

C.5.5. Returns and shipping costs - If You will not be charged for the shipping costs of one exchange delivery per order. Only one exchange per item will be honored. In the event a product is damaged during delivery, you must contact customer service for additional instructions prior to an attempted return. You are responsible for insuring your package for the full retail value of the item. You agree to bear the risks of the shipping method you have chosen, and Christèle Jacquemin will not be responsible or liable if any item you return to christelejacquemin.com website is lost, misplaced, or delivered late. The costs you pay to ship your return will not be refunded to you.

C.5.6. Refund - If you request a refund for returned products, Christèle Jacquemin will use commercially reasonable efforts to ensure that any refund will be made within ten (10) business days of receipt of the goods. All refunds shall me made to the original form of payment. Under no circumstances will Christèle Jacquemin grant you an electronic credit usable on christelejacquemin.com website.

C.5.7. eGift cards - Christele Jacquemin is not responsible if your e-gift card is redeemed by an unauthorized person. Your e-gift card is non-transferrable to another person or entity after it is purchased. Your e-gift card cannot be used to purchase another e-gift card. Your e-gift card is not refundable and cannot be redeemed for cash. Your e-gift card cannot be reloaded, resold, transferred for value, or applied or transferred to another e-gift card. Your e-gift card may be applied only toward online purchases at christelejacquemin.com. If an item purchased with your e-gift card is returned, any refund will be made on an e-gift card. Your e-gift card purchase does not count toward minimum purchase requirement to earn a promotional discount. Christele Jacquemin is not responsible for e-gift cards that are undeliverable, delayed or not received as a result of inaccurate information provided by the purchasers, including an inaccurate email address.

C.5.8. Risk of loss of eGift Cards - Protect your e-gift card because any used eGift card is not replaceable if lost, stolen, or destroyed. We could reissue only eGift cards with credit available. Protect your e-gift card because Christèle Jacquemin reserves the right to refuse to redeem your e-gift card if it suspects in its sole discretion fraudulent activity in connection with your e-gift card. Protect your e-gift card because Christèle Jacquemin is not responsible if your e-gift card is lost, stolen, destroyed or used without your permission. The risk of loss and title for e-gift cards pass to the purchaser or the person designated by the purchaser upon Christèle Jacquemin’s completion of the e-gift card purchase transaction.

C.5.9. Fraud related to eGift Cards - Christèle Jacquemin reserves the right to refuse to redeem your e-gift card and to close your MyAccount if a fraudulently obtained e-gift card is redeemed and/or used to make a purchase on christelejacquemin.com. 

 

C.6. Additional terms

For the avoidance of doubt, the following additional terms (“Additional terms”) apply to your use of the christelejacquemin.com website and any purchase or attempted purchase you make.

C.6.1. Termination of access

C.6.1.1. Termination – You agree that Christèle Jacquemin may, in its sole discretion and without prior notice, terminate your access to the website and/or block your future access to the website if we determine that you have violated any of our terms, including the use terms, the sale terms, the additional terms, and the privacy policy. You also agree that any violation by you of any of our terms, will constitute an unlawful and unfair business practice, and will cause irreparable harm to Christèle Jacquemin, for which monetary damages would be inadequate, and you consent that Christèle Jacquemin obtaining any injunctive or equitable relief that Christèle Jacquemin deems necessary or appropriate in such circumstances without the posting of any bond. These remedies are in addition to any other remedies Christèle Jacquemin may have at law or in equity.

You may agree that Christèle Jacquemin may, in her sole discretion and without prior notice, terminate your access to the website, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the website or any service offered on or through the website, or (4) unexpected technical issues or problems.

 C.6.1.2. Recovery of costs – If Christèle Jacquemin does take any legal action against you as a result of your violation of these use terms, Christèle Jacquemin will be entitled to recover from you, and you agree to pay, all reasonable attorney’s fees and costs of such action, in addition to any other relief granted to Christèle Jacquemin. You agree that Christèle Jacquemin will not be liable to you or any third party for termination of your access to the website as a result of any violation of our terms, including the use terms, the sale terms, the additional terms, and the privacy policy.

 

C.6.2. Disclaimer of representations and warranties

christelejacquemin.com website and its contents are provided on an “as is” and “as available” basis. Christèle Jacquemin makes no representations or warranties of any kind, express or implied, as to the website or the products offered through the website nor as to the merchandise being sold to you. To the fullest extent permissible by applicable law, Christèle Jacquemin disclaims all warranties, express or implied, including but not limited to implied warranties of merchandability, and there are no warranties, express or implied, which extend beyond the description of the merchandise contained on our order confirmation.

Without limiting the generality of the foregoing, Christèle Jacquemin does not represent, warrant, or guarantee that:

C.6.2.1. The website is free from viruses, worms, Trojan horses or other destructive material or malicious code

C.6.2.2. The information contained on the website is accurate, complete and up to date; or

C.6.2.3. christelejacquemin.com website is free from defects or that any inaccuracies or defects will be corrected.

By using the website, you agree that your use of the website is at your sole risk, that you assume full responsibility for all loss of use, loss of data and costs associated with all necessary servicing or repairs of any equipment and/or software that you use in connection with this site, and that Christèle Jacquemin shall not be responsible or liable for any damages of any kind whatsoever arising out of, caused by or related to your use of the website. Your sole remedy against Christèle Jacquemin for dissatisfaction with the website is to stop using the website.

Where applicable law does not allow the exclusion of implied warranties, some or all of the foregoing disclaimers of warranty may not apply to you.

C.6.3. Limitation of liabilities; indemnity

Christèle Jacquemin shall not be liable to you or any third party for any damages of any kind, including, without limitation, actual, direct, indirect, incidental, special, punative, exemplary or consequential damages, whether arising under contract, tort, or any other theory, including, without limitation, loss of profits or other intangible losses, arising out of or in connection with your use or inability to use, performance of, or information provided through christelejacquemin.com website, even if Christèle Jacquemin has been advised of the possibility of such damages. Without limiting the foregoing, Christèle Jacquemin shall have no liability for any delay or failure to deliver products or otherwise perform any obligation as specified hereunder if the same is wholly or partly caused by circumstances beyond our reasonable control.

If, notwithstanding the other provisions of these use terms, Christèle Jacquemin is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the website, Christèle Jacquemin’s liability shall in no event exceed €100.00.

Certain laws do not allow limitations on the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

You agree to defend, indemnify and hold harmless Christèle Jacquemin from and against any and all claims, damages, losses, costs and expenses, including, but not limited to, reasonable attorneys’ fees and court costs, arising from or related to your use of the website.

C.6.4. Limitation of liabilities; eGift Cards

Christèle Jacquemin makes no warranties, express or implied, with respect with eight cards, in the event a egift card is non-functional. Your sole remedy, and our sole remedy, shall be the replacement of such e-gift card.

C.6.5. Law and disputes

Our term, including the use terms, the sale terms, and the additional terms shall be governed by and construed in accordance with the laws of Spain, without regard to its principles of conflicts of laws, and shall govern all matters arising of or relating to the use terms or sales terms, including, without limitation, their validity, interpretation, construction, performance, and enforcement. In the event of a dispute, Murcia Tribunal Superior de Justicia (High Court of Justice of Murcia in English) shall have exclusive jurisdiction and you hereby agree to submit to the exclusive jurisdiction of such court and you irrevocably and unconditionally waive and agree not to plead or claim in any such court that any such action, suit, or proceeding brought in any such court has been brought in an inconvenient forum. Christèle Jacquemin shall be entitled to seek and obtain injunctive or other equitable relief to protect its rights hereunder without the need to post any bond or surety.

C.6.5. Miscellaneous

C.6.5.1. Severability – If any provision of the use terms, sale terms, or additional terms us determined to be invalid, illegal or unenforceable, the remaining provisions of shall remain in full force to the extent permitted by law.

C.6.5.2. Waiver – No failure, forbearance, neglect or delay in any kind or to any extent on the part of Christèle Jacquemin in connection with the enforcement or exercise of any rights under the use terms, the sale terms, the additional terms shall affect or diminish Christèle Jacquemin’s ability to enforce such rights or any other rights under the use terms, the sale terms, the additional terms.

C.6.5.3. Construction and interpretation – References to articles, sections and exhibits are to be construed as references to the articles or sections of the relevant portions of the use terms, sale terms, or additional terms, unless otherwise indicated, and terms such as “hereof”, “herein”, “hereunder” and other similar compounds of the word “here” shall mean and refer to this entire set of terms rather than any particular part of the same. The paragraph headings and captions are included merely for convenience of reference. They are not to be considered part of, or to be used in interpreting, the terms and in no way limit or affect any of the contents of the terms or its provisions. Whenever used, except as otherwise expressly provided or unless the context otherwise requires, any noun or pronoun shall be deemed to include the plural as well as the singular and to cover all genders. The words “includes” and “including” when used herein shall be deemed to be followed by the phrase “without limitation” unless such phrase otherwise appears. Any reference to products, goods, or merchandise shall refer to the items offered for sale on the website.