Terms and Conditions for the Sale of Online Services to Individual Consumers
These general conditions of sale apply to all services concluded on the Jo-mel.fr website.
The website Jo-mel.fr is a service of:
- the company JM GESTION
- located at: 39 rue de jouy 77970 BANNOST
- URL address of the site: www.jo-mel.fr
- email address: firstname.lastname@example.org
- phone: +33768720279
The customer declares to have read and accepted the general conditions of sale prior to placing the order. The validation of the order therefore implies acceptance of the general conditions of sale.
Article 1 - Content and scope
These general conditions of sale apply automatically to the following services: Gite rental and unusual accommodation.
They apply to the exclusion of all other conditions, and in particular those applicable to sales on the internet or through other distribution and marketing channels.
The sale is deemed concluded on the date of acceptance of the order or immediate purchase by the seller.
Any order or immediate purchase implies unreserved acceptance of these general conditions of sale which prevail over all other conditions, with the exception of those which have been expressly accepted by the seller.
The buyer declares to have read these general conditions of sale and to have accepted them before his immediate purchase or the placing of his order.
Article 2 - Pre-contractual information
Prior to the immediate purchase or the placing of the order and the conclusion of the contract, these general conditions of sale are communicated to the buyer, who acknowledges having received them.
The following information is transmitted to the buyer in a clear and understandable manner:
- the essential characteristics of the service;
- the price of the service or the method of calculating the price and, if applicable, any additional costs for transport, delivery or postage and any other charges;
- the date or time frame on which the service provider undertakes to perform the service, regardless of its price, and any other contractual conditions;
- information relating to the identity of the service provider, its postal, telephone and electronic contact details, and its activities;
- the procedures for handling complaints;
- the duration of the contract, when it is concluded for a fixed term, or the conditions for its termination in the event of a contract of indefinite duration;
- in relation to digital content any relevant interoperability of such content with certain hardware or software of which the trader is or reasonably should be aware.
The service provider must also communicate to the buyer, or make available to him, the following information:
- status and legal form, contact details allowing you to get in touch quickly and communicate directly with him;
- if applicable, the registration number in the trade and companies register or in the trades directory;
- for activities subject to an authorization scheme, the name and address of the authority that issued it;
- for the service provider subject to value added tax and identified by an individual number pursuant to Article 286 ter of the General Tax Code, its individual identification number;< /p>
- for the service provider who is a member of a regulated profession, his professional title, the EU Member State in which it was granted as well as the name of the professional order or body with which he is registered registered;
- any financial guarantee or professional liability insurance taken out by him, the contact details of the insurer or guarantor as well as the geographical coverage of the contract or commitment.
Article 3 - Order
By order, we mean any order relating to the services appearing on the seller's prices, and accepted by him, accompanied by the payment of the deposit possibly provided for on the order form.
Any order, to be valid, must be established on the seller's order forms, available to customers in its stores.
Any order received by the seller is deemed to be firm and final.
It entails acceptance and full acceptance of these general conditions of sale and obligation to pay for the products ordered.
The buyer has no right of withdrawal in accordance with article L.211-28 of the Consumer Code.
Article 4 - Quotation
For services giving rise to the establishment of a preliminary estimate, the sale will only be considered final after an estimate has been drawn up by the service provider and the purchaser has been sent confirmation of acceptance of the order.
The quotes established by the service provider are valid for 15 days subject to availability.
Article 5 - Execution of the service and termination of the contract
Unless specific specific conditions specific to the sale, the performance of the service will be carried out according to the date of reservation.
In the event of the seller's failure to perform on the date or on the expiry of the period provided for above, or, failing that, no later than 30 days after the conclusion of the contract, the buyer may terminate the contract, under the conditions of Articles L. 216-2 and L. 216-3 and L. 216-4 of the Consumer Code, by registered letter with acknowledgment of receipt or in writing on another medium durable, if, after having ordered, under the same terms, the professional to provide the service within a reasonable additional period, the latter has not performed within this period.
The contract is considered resolved upon receipt by the professional of the letter or writing informing him of this resolution, unless the professional has performed in the meantime.
Nevertheless, the buyer can immediately terminate the contract when the professional refuses to provide the service or when he does not perform his obligation to provide the service on the scheduled date, if this date or this period constitutes for the buyer an essential condition of the contract. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request by the consumer before the conclusion of the contract.
The costs and risks associated with this operation are the sole responsibility of the service provider.
Except in cases of force majeure, the deposit paid with the order is automatically acquired and cannot give rise to any refund.
Article 6- Exceptions to the withdrawal period
The 14-day withdrawal period does not apply to the situation(s) listed below:
- The service concerns accommodation services (hotels, camping, etc.).
Article 7 - Price
Prices are firm and final. Unless there are specific conditions specific to the sale, the prices of the services provided are those listed in the price catalog on the day of the order.
They are expressed in legal tender and stipulated all taxes included.
Article 8 - Payment
Except for other terms expressly provided for in the special conditions, payment of the price is made in cash when ordering. No order can be taken into account in the absence of full payment by this date.
Payments made by the buyer will only be considered final after actual collection of the sums due by the service provider.
An invoice will be given to the buyer on request.
Article 9 - Warranties - General
9-1 Legal guarantee of conformity
JM GESTION guarantees the conformity of the goods sold with the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in articles L. 217-4 and following of the consumer code.
In the event of implementation of the legal guarantee of conformity, it is recalled that:
- the buyer has a period of 2 years from the delivery of the goods to act;
- the buyer may choose between repair or replacement of the good, subject to the cost conditions provided by Article L. 217-17 of the Consumer Code;
- the buyer does not have to provide proof of the non-compliance of the good during the 24 months in the case of new goods (6 months in the case of second-hand goods), following delivery of the goods.
9-2 Legal warranty against hidden defects
In accordance with articles 1641 and following of the civil code, JM GESTION is responsible for hidden defects that may affect the property sold. It will be up to the buyer to prove that the defects existed at the time of the sale of the good and are of such a nature as make the good unsuitable for its intended use. This guarantee must be implemented within two years from the discovery of the defect.
The buyer can choose between rescinding the sale or reducing the price in accordance with article 1644 of the civil code.