General Conditions of Sale

General terms and conditions of sale for the carmenjean.com website

applicable from 01/01/2026

ARTICLE 1. PARTIES

These general terms and conditions are applicable between Carmen Jean, sole trader, share capital: €100, registered with the Trade and Companies Register of Saint Méard de Gurçon in France on 1 December 2018, under Siret number # 832 933 304 00029, registered office: Saint Méard de Gurçon, 24610 France, email: hello@carmenjean.com, VAT not applicable, Article 293B of the CGI, hereinafter referred to as ‘the Publisher’ and any person, natural or legal, under private or public law, registered on the Site to purchase a Product, hereinafter referred to as ‘the Customer’.

ARTICLE 2. DEFINITIONS

‘Customer’: any natural or legal person, private or public, registered on the Website.

‘Website Content’: elements of any kind published on the Website, whether or not protected by intellectual property rights, such as text, images, drawings, presentations, videos, diagrams, structures, databases or software.

‘Publisher’: Carmen Jean, Self-Employed Worker in her capacity as publisher of the Website.

‘Internet User’: any person, natural or legal, private or public, connecting to the Website.

‘Product’: goods of any kind sold on the Website by the Publisher to Customers.

‘Website’: the website accessible at the URL carmenjean.com, as well as any sub-sites, mirror sites, portals and URL variants related thereto.

ARTICLE 3. SCOPE OF APPLICATION

The Site is freely accessible to all Internet users at no charge. By browsing the Site, all Internet users agree to these terms and conditions. Simply connecting to the Site by any means, including via a robot or browser, implies full and complete acceptance of these terms and conditions. When registering on the Site, this acceptance will be confirmed by ticking the corresponding box.

The Internet user thus acknowledges that they are fully aware of these terms and conditions and accept them without restriction.

Ticking the above box shall be deemed to have the same value as a handwritten signature by the Internet user. The Internet user acknowledges the probative value of the Publisher’s automatic recording systems and, unless there is evidence to the contrary, waives the right to contest them in the event of a dispute.

These general terms and conditions apply to the relationship between the parties to the exclusion of all other terms and conditions, including those of the user.

Acceptance of these general terms and conditions implies that Internet users have the necessary legal capacity to do so, or, failing that, that they have the authorisation of a guardian or curator if they are incapacitated, of their legal representative if they are minors, or that they hold a mandate if they are acting on behalf of a legal entity.

ARTICLE 4. PURPOSE OF THE WEBSITE

The purpose of the Website is to sell Products to Customers.

ARTICLE 5. STAGES OF THE ORDER
5.1. ORDER

In order to place an order, Internet users can select one or more Products and add them to their basket. The availability of Products is indicated on the Website, in the description of each item. When their order is complete, they can access their basket by clicking on the button provided for this purpose.

5.2. CONFIRMATION OF THE ORDER BY THE INTERNET USER

By consulting their basket, Internet users will be able to check the number and nature of the Products they have chosen and verify their unit price and total price. They will be able to remove one or more Products from their basket.

If they are satisfied with their order, Internet Users can confirm it. They will then be taken to a form where they can either enter their login details if they already have them, or register on the Website by completing the registration form with their personal information.

5.3. PAYMENT BY THE CUSTOMER

Once logged in or after completing the registration form, Customers will be asked to check or modify their delivery and billing details, and will then be asked to make their payment by being redirected to the secure payment interface marked ‘order with obligation to pay’ or any similar wording.

5.4. CONFIRMATION OF THE ORDER BY THE PUBLISHER

Once payment has been received by the Publisher, the latter undertakes to acknowledge receipt to the Customer by electronic means within a maximum of 24 hours. Within the same period, the Publisher undertakes to send the Customer an e-mail summarising the order and confirming its processing, including all relevant information.

ARTICLE 6. PRICES – PAYMENT
6.1. PRICES

The applicable prices are those displayed on the Website on the day of the order. These prices may be modified at any time by the Publisher. The prices displayed are only valid on the day of the order and are not binding for the future.

The prices indicated on the Website are in euros, inclusive of all taxes, excluding delivery costs.

6.2. PAYMENT METHOD

The Customer may make payment via PayPal or Stripe.

When paying by credit card, the Publisher has no access to any data relating to the Customer’s means of payment. Payment is made directly to the bank.

The Publisher does not accept cheques, bank transfers or postal orders.

6.3. INVOICING

The Publisher shall send or make available to the Customer an electronic invoice after each payment. The Customer expressly agrees to receive invoices electronically.

6.4. DEFAULT OF PAYMENT

The agreed payment dates may not be delayed for any reason whatsoever, including in the event of a dispute.

Any sum not paid by the due date shall automatically and without formal notice give rise to the application of late payment penalties calculated on the basis of a rate equal to three times the legal interest rate, without this penalty affecting the payability of the sums due in principal.

In addition, any delay in payment shall result in the defaulting Customer being invoiced for recovery costs of €40, with all outstanding amounts becoming immediately payable, regardless of the agreed terms, plus compensation of 20% of the amount as a penalty clause, as well as the possibility of unilaterally terminating the contract at the Customer’s expense. This clause is part of the provisions of Article 1152 of the Civil Code, allowing the judge to reduce the compensation if he considers it excessive.

6.5. RETENTION OF TITLE

The Products sold remain the property of the Publisher until full payment of their price, in accordance with this retention of title clause.

ARTICLE 7. LIABILITY OF THE PUBLISHER
7.1. NATURE OF THE PUBLISHER’S OBLIGATIONS

The Publisher undertakes to exercise the necessary care and diligence to provide quality Products that comply with the specifications of these General Terms and Conditions. The Publisher is only bound by an obligation of means with regard to the services covered by these General Terms and Conditions.

7.2. FORCE MAJEURE – CUSTOMER FAULT

The Publisher shall not be held liable in the event of force majeure or customer fault, as defined in this article:

7.2.1. Force majeure

Any impediment, limitation or disruption of the Service due to fire, epidemic, explosion, earthquake, bandwidth fluctuations, failure attributable to the provider of the customer’s internet connection, or any other event beyond the Publisher’s control shall be considered a case of force majeure vis-à-vis the Customer, within the meaning of these general terms and conditions. limitation or disruption of the Service due to fire, epidemic, explosion, earthquake, bandwidth fluctuations, failure attributable to the access provider, failure of transmission networks, collapse of facilities, illegal or fraudulent use of passwords, codes or references provided to the Customer, computer hacking, a security breach attributable to the Site host or developers, flooding, power failure, war, embargo, law, injunction, request or requirement of any government, requisition, strike, boycott, or other circumstances beyond the reasonable control of the Publisher. In such circumstances, the Publisher shall be exempt from performing its obligations to the extent of such impediment, limitation or disruption.

7.2.2. Customer fault

Within the meaning of these General Terms and Conditions, any misuse of the Service, fault, negligence, omission or failure on the part of the Customer or its agents, failure to comply with the advice given by the Publisher on its Site, any disclosure or illicit use of the Customer’s password, codes and references, as well as the provision of incorrect information or the failure to update such information in the Customer’s personal space will be considered a fault of the Customer, which may be enforced against the latter. The implementation of any technical process, such as robots or automatic requests, the implementation of which would contravene the letter or spirit of these general terms and conditions of sale will also be considered a fault of the Customer.

7.3. TECHNICAL PROBLEMS – HYPERTEXT LINKS

In the event of inability to access the Site, due to technical problems of any nature, the Customer will not be able to claim damages and will not be able to claim any compensation. The unavailability, even prolonged and without any time limit, of one or more online services, cannot constitute a prejudice for the Customers and cannot in any way give rise to the granting of damages by the Publisher.

The hyperlinks on the Site may refer to other websites. The Publisher shall not be held liable if the content of these sites contravenes current legislation. Similarly, the Publisher shall not be held liable if the Internet user’s visit to one of these sites causes harm.

In the current state of the art, the rendering of the representations of the Products offered for sale on this Site, particularly in terms of colours or shapes, may vary significantly from one computer workstation to another or differ from reality depending on the quality of the graphic accessories and the screen or depending on the display resolution. These variations and differences may in no case be attributed to the Publisher, which may in no case be held liable for this.

7.4. DAMAGES PAYABLE BY THE PUBLISHER

In the absence of legal or regulatory provisions to the contrary, the Publisher’s liability is limited to the direct, personal and certain damage suffered by the Customer and linked to the failure in question. The Publisher may not under any circumstances be held liable for indirect damage such as, in particular, loss of data, commercial losses, loss of orders, damage to brand image, commercial disruption and loss of profits or customers. Similarly and within the same limits, the amount of damages payable by the Publisher may not in any event exceed the price of the Product ordered.

7.5. HYPERTEXT LINKS AND SITE CONTENTS

The Contents of the Site are published for information purposes only, without any guarantee of accuracy. The Publisher may not be held liable under any circumstances for any omission, inaccuracy or error contained in this information that would cause direct or indirect damage to the Internet user.

ARTICLE 8. FINAL STIPULATIONS
8.1. APPLICABLE LAW

These general terms and conditions are subject to French law.

8.2. MODIFICATIONS TO THESE GENERAL TERMS AND CONDITIONS

These terms and conditions may be modified at any time by the Publisher. The terms and conditions applicable to the Customer are those in force on the date of their order or connection to this Website, with any new connection to the personal space implying acceptance, where applicable, of the new terms and conditions.

8.3. DISPUTES

In accordance with Order No. 2015-1033 of 20 August 2015, any dispute with a Consumer Customer that may arise in connection with the performance of these terms and conditions and for which no amicable solution can be found between the parties shall be submitted to Medicys: www.medicys.fr.

In addition, the Consumer Customer is informed of the existence of the online dispute resolution platform, accessible at the following URL: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

Any dispute relating to or in connection with this contract shall be settled by arbitration in accordance with the rules of the Digital Arbitration and Mediation Institute: www.fast-arbitre.com.

8.4. ENTIRE AGREEMENT

The invalidity of any clause in this contract shall not invalidate the other clauses of the contract or the contract as a whole, which shall remain in full force and effect. In such a case, the parties shall, as far as possible, replace the invalid clause with a valid clause that corresponds to the spirit and purpose of these general terms and conditions.

8.5. NON-WAIVER

The fact that the Publisher does not exercise the rights conferred upon it by these terms and conditions shall in no way be interpreted as a waiver of its right to assert said rights.

8.6. TELEPHONE SOLICITATION

The Customer is informed that they have the option of registering on the telephone solicitation opposition list at http://www.bloctel.gouv.fr/.

8.7. LANGUAGES OF THESE TERMS AND CONDITIONS

These terms and conditions are available in French on request.

8.8. UNFAIR TERMS

The provisions of these terms and conditions apply subject to compliance with the mandatory provisions of the Consumer Code relating to unfair terms in contracts concluded between a professional and a consumer.