OUR COMMERCIAL POLICY
GENERAL CONDITIONS OF SALE OF JENDALMA ART & DESIGN
The present website site www.jendalmart.com is managed in Europe by our establishment Jëndalma Art & Design, registered in the Trade and Companies Register of PARIS under the number Siret 882 449 556 00027 established at 15 rue des Halles in Paris (75001), a branch of our company W.Y.B Group/Jendalmart whose head office is in Dakar..
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These General Conditions of Sale are concluded between Jëndalma Art & Design, on the one hand, and, on the other hand, any individual or legal entity wishing to proceed to a purchase via the Internet site of www.jendalmart.com hereafter referred to as "the buyer".
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1. Subject - Products: Artworks & Services
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The products governed by these General Conditions are those which appear on the Website and which are indicated as sold and shipped by Jendalmart Art & Design. They are offered within the limits of available stocks.
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The artworks and services are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the responsibility of Jendalmart.com could not be engaged.
The photographs of the artworks are not contractual.
These conditions of sale aim to define the contractual relationship between Jendalma Art & Design and the buyer as well as the conditions applicable to any purchase made through the jendalmart.com site, whether the buyer is professional or private.
The acquisition of an artworks or a service through this site implies unreserved acceptance by the purchaser of these conditions of sale.
These conditions of sale will prevail over all other general or special conditions not expressly approved by Jendalma Art & Design.
Jendalma Art & Design reserves the right to modify its conditions of sale at any time. In this case, the applicable conditions will be those in force on the date of the order by the buyer.
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Characteristics of the products offered
The artworks and services offered are those listed in the catalog published on the Jendalmart.com site.
These artworks and services are offered within the limits of available stocks.
The photographs in the site catalog are as accurate as possible but cannot ensure a perfect similarity with the artwork offered, in particular as regards the colors.
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2. Prices
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The prices appearing in the catalog are prices inclusive of all taxes in euros.
Any modification, creation of taxes or contributions may be reflected in the price of products or services.
Jendalma Art & Design reserves the right to modify its prices at any time, it being understood however that the price appearing in the catalog on the day of the order will be the only one applicable to the buyer.
The prices indicated do not include the costs of order processing, transport and delivery as long as they take place in the geographical areas provided below.The amount of delivery costs will be specified on the order form before validation of the command.
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Geographical area:
The online sale of the artworks and services presented on the site is reserved for buyers who reside in Sénegal, France, in the European Union and the rest of the world for deliveries required in geographical areas open for delivery.
For the rest of the world, any customs charges are the responsibility of the buyer.
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3. Orders
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The buyer, who wishes to buy an artwork or a service, must:
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complete the identification form on which he will indicate all the requested contact details or give his customer number if he has one;
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complete the online order form giving all the references of the artworks or services chosen;
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validate his order after having checked it;
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make the payment under the conditions provided;
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confirm their order and payment.
The confirmation of the order implies acceptance of these conditions of sale, the recognition of having full knowledge of them and the waiver of its own conditions of purchase or other conditions.
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All the data provided and the recorded confirmation will constitute proof of the transaction. Confirmation will be worth signing and acceptance of transactions.
Jendalma Art & Design will communicate by email confirmation of the recorded order.
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4. Withdrawal and cancellation of order.
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Products delivered to non-professional individuals may be reimbursed. They must be returned intact, complete, packed in the original packaging.
Damaged, spoiled or soiled, incomplete artworks will not be taken back. Any artwork returned in this condition will remain available to the customer at Jendalma Art & Design's premises and these artworks must be subject to payment.
Any return of artworks remains the responsibility of the purchaser and is carried out at these risks and dangers.
Jendalma Art & Design will not be held responsible for any loss or otherwise. Returns "postage paid by the recipient" or against reimbursement are refused.
All returns must be made to the address indicated on the invoice.
No order cancellation will be accepted without Jendalma Art & Design's agreement.
The purchaser, a non-professional natural person, has a right of withdrawal of fifteen (15) calendar days from the date of receipt or withdrawal of the products.
During this period, the buyer can return the products without having to justify reasons, nor to pay a penalty, the costs of return via a carrier being the responsibility of the buyer.
Jendalma Art & Design reimburses the buyer for the sums as soon as possible and at the latest within fifteen (15) days following receipt of the artwork after exercise of the right of withdrawall.
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The refund will be made via the payment method for the returned order:
- either the refund will be made to the account attached to the valid bank payment card;
- either the refund will be made to the valid Paypal account.
In the event of failure of previous refunds, the refund will be made by letter check sent to the billing address.
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5. Payment
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The price is payable when ordering.
Payments will be made by credit card, by check in euros and by bank transfer in euros.
The order will only be shipped upon receipt of the full amount. The sums paid will not be considered at any time as a deposit.
For Pay-pal payments: they will be made through the secure Pay Pal system which uses the SSL (Secure Socket Layer) protocol so that the information transmitted is encrypted by software and that no third party can read it during transport on the network.
If you have a paypal account, you can pay your orders securely without providing your bank details.
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At the request of the purchaser, an invoice on paper will be sent to him.
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6. Deliveries
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Deliveries are made to the address indicated in the order form which can only be in the agreed geographical area.
The risks are the responsibility of the purchaser from the moment the artworks have left the premises of Jendalma Art & Design. In the event of damage during transport, a reasoned protest must be made to the carrier within three days of delivery.
Delivery times are only indicative; if these exceed thirty days from the order, the sales contract may be terminated and the buyer reimbursed.
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7. Guarantee
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All products supplied by Jendalma Art & Design benefit from the legal guarantee of conformity defined by articles L211-1 and following of the french Consumer Code and the guarantee against hidden defects provided for by articles 1641 and following of the french Civil Code.
In the event of non-conformity of a product sold, it may be returned to Jendalma Art & Design who will take it back, exchange it or reimburse it.
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After sales service
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Jendalma Art & Design undertakes to exchange or refund any damaged artwork.
The buyer can only opt for an exchange for an artwork that is strictly identical to the one initially ordered unless the product concerned is no longer available on the date of the implementation of the contractual guarantee, either temporarily or because of the disappearance of the artwork from the electronic catalog. In this case, an artwork similar to the one initially delivered can be offered to the buyer as soon as possible.
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Complaints
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Upon receipt of the products, the buyer must immediately check their condition and their conformity with the contract.
In the event of delivery of a product that does not comply with the order (defective or non-compliant), the buyer must make his complaint within 7 days of signing the distribution slip in writing, by registered letter with acknowledgment. reception.
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Returned artworks: Limitations
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Any risk associated with the return of the artwork is the responsibility of the buyer.
Without a written complaint sent by registered mail within seven (7) days, Jendalma Art & Design is released from all liability and will not proceed to any exchange or refund of the artworks ordered.
Any complaint, request for exchange or refund must be made by post to the following address within thirty (30) days of delivery:
​Jendalmart - Customer Service
15 rue des Halles
75 001 PARIS
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8. Liability
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Jendalma Art & Design, in the online sales process, is only bound by an obligation of means; it cannot be held liable for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, interruption of service, or other unintentional problems.
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9. Intellectual property
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Jëndalma Art & Design is a registered trademark with the INPI (National Institute of Industrial Property) located in Courbevoie (France) and the SODAV (SOciété des Droits d'Autor et des Droits Voisins) located in Dakar (Senegal).
All elements of the Jendalmart.com site are and remain the exclusive intellectual property of Jëndalma Art & Design.
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No one is authorized to reproduce, exploit, redistribute, or use for any purpose whatsoever, even partially, elements of the site whether they are software, visuals, texts, comments, works, video or sound without express authorization by Jendalma Art & Design.
Any simple or hypertext link is strictly prohibited without the express written consent of Jendalma Art & Design.
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10. Personal data
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In accordance with the french law relating to computers, files and freedoms of January 6, 1978, personal information relating to buyers may be subject to automated processing.
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Jendalma Art & Design reserves the right to collect information on buyers including by using cookies and to transmit the information collected to commercial partners if the conditions of its confidentiality charter allow it.
Buyers may object to the disclosure of their contact details by notifying Jendalma Art & Design. Likewise, users have the right to access and rectify data concerning them, in accordance with french Law No. 78-17 of January 6, 1978.
The automated processing of information, including the management of e-mail addresses of site users, has been declared to the CNIL registered under number 1657061vo.
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11. Archiving - Proof
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Jendalma Art & Design will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of article 1348 of the french Civil Code.
The computerized registers of Jendalma Art & Design will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
The online supply of the bank card number and the final validation of the order will constitute proof of the entirety of the said order in accordance with the provisions of the french law of March 13, 2000.
This validation is worth signature and express acceptance of all operations carried out on the Website.
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In the event of fraudulent use of his bank card, the buyer is invited, as soon as this use is noted, to contact Customer Service by calling +33 (0) 9 54 40 40 85 (cost of a local call from a landline, possible operator surcharge).
The archiving of purchase orders and invoices is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy in accordance with article 1348 of the french Civil Code.
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12. Settlement of disputes
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These general conditions of online sale are subject to French law.
In the event of a dispute, an amicable solution will be sought before any legal recourse. The preliminary search for an amicable solution does not interrupt the time limits for acting as a guarantee.
Jurisdiction is assigned to the competent courts at the place of domicile of the defendant.
Jendalma Art & Design complies with French law and, in any case, does not apply the local law that would be applicable to you when you access the Website from other countries.
Accommodation
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The site is hosted for the company by:
OVH
SAS with a capital of € 10,000,000
RCS Roubaix - Tourcoing 424 761 419 00045
APE code 6202A
Headquarters: 2 rue Kellermann - 59100 Roubaix - France
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