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General Terms and Conditions

The General Terms and Conditions of Sale are continuously accessible on the site and prevail over any other version or any other contradictory document. All other provisions are considered null and void. The general terms and conditions of sale described below are intended to govern all contractual relations between Mr RICO Julien and customers placing orders through the site julienricojr.com (over 18 years of age and with full legal capacity). The General Conditions of Sale apply without restrictions or reservations to all sales of products published on the site. Placing an order via the online site implies your unreserved acceptance of the General Terms and Conditions of Sale. To this end, you confirm that you accept all the General Terms and Conditions of Sale when you tick the box “I accept the General Terms and Conditions of Sale” during the ordering process. We reserve the right to modify these Terms and Conditions at any time. We therefore invite you to read our General Terms and Conditions of Sale carefully each time you place a new order. The terms and conditions applicable will be those in force on the day the order is placed.

I. – Ordering

The online site julienricojr.com is accessible 24 hours a day and 7 days a week, subject to its closure for maintenance or repair or in case of force majeure. These general conditions of sale are accessible at all times and may be modified at any time by Mr RICO Julien. To place your order: once you have selected your products, entered your identification details and confirmed your delivery method, you then proceed to select your payment method. You will then be presented with a summary of your order. It will include information on the products you have selected, prices and delivery terms. You will also be given an order number, so that orders can be traced. From the moment the Buyer confirms his/her order on the fllagshop.com website, he/she is considered to have knowingly accepted the content and conditions of the Order in question and in particular the present General Terms and Conditions of Sale, the fact that his/her order implies an obligation of payment on his/her part, the prices, volumes, characteristics, quantities and delivery times of the products offered for sale and ordered by the Buyer.

Once this step is validated, the sale will be final and confirmed by the site fllagshop.com by sending an e-mail “order confirmation” or “preparation of the order in progress” to the buyer subject to the exercise by the buyer of his right of withdrawal under the conditions provided in these Terms and Conditions, or 14 days from purchase.

II. – Prices

The prices indicated on the julienrico.com site are quoted without taxes. Unless otherwise indicated, the prices indicated do not include shipping costs and all orders are payable in euros. Mr RICO Julien reserves the right to refuse any order from a customer with whom there is a dispute concerning the payment of a previous order. Any order implies acceptance of the prices and descriptions of the products available for sale (images and descriptions of the product characteristics). The sale prices of the products are those in force at the time the order is registered, excluding transport costs. If not all the goods in a single order have been delivered, the balance of the order may be invoiced at the rate in force on the day of delivery. Product prices may be modified at any time due to external events. Shipping costs are at the customer’s expense. They are invoiced in addition to the price of the products according to the amount of the order at the end of the invoice or will be indicated on the quotation given to the customer. If a customer wishes to exchange one product for another (different reference, different capacity), the shipping costs incurred will be at the customer’s expense. Return slips are only sent to customers in the event of an error on the part of Mr RICO Julien or in the event of product failure. VAT on the ex-VAT price is 20%, recoverable for France and DOM TOM (French overseas departments and territories). Please note that for DOM TOM the customer will have to pay for his purchases + shipping costs adapted to his place of residence. For international and export prices, please contact us. The prices on Mr RICO Julien’s website are regularly updated. Typographical errors do occur. Only the prices announced on the quotation given to the customer are binding.

III. – Payment Unless otherwise stipulated, products are payable on order.

Any sum paid by the customer prior to delivery of the product constitutes a deposit on the sale price definitively due by the customer. In the event of late payment, we reserve the right to suspend all deliveries until all sums due have been paid, or to cancel orders in progress, without prejudice to any recourse. Penalties of an amount equal to the bank prime rate plus 3 points are automatically applicable to amounts unpaid at the end of a period of 10 days following the invoice date, or upon notification of rejection of bank payment for any other means of payment. Delivery of any new order may be suspended in the event of late payment of a previous order.

IV. – Delivery subject to availability

Orders placed after 3pm will only be taken into account the following day, depending on our opening hours and the opening days of the carriers. Our product offers are subject to stock availability. The delivery times specified in our order confirmations are given purely as an indication and do not constitute a commitment on our part. Any delays do not entitle the purchaser to cancel the sale, to refuse the goods to the deliverer or to claim damages. Delivery is mainly made by the carrier, La Poste. For home deliveries, the customer must open the order and check it for conformity and quantity in the presence of the delivery person. In addition, the customer must immediately notify Mr RICO Julien of any reservations or claims that appear justified. In the event of proven non-conformity and if Mr RICO Julien agrees to take back your products on a commercial basis, the new shipment of the products concerned will be made within the limits of available stocks. The information provided by the purchaser when placing an order is binding: in the event of an error in the recipient’s contact details or personal information. Mr RICO Julien cannot be held responsible for the impossibility of delivering the product. If the products delivered do not conform in kind or in quality to the specifications indicated on the delivery slip, the customer must, under penalty of forfeiture, formulate his complaints within fifteen (15) days after delivery. The consignee must request a Spoliation Report or a Report of Anomaly from the delivery person. Once the parcel has been accepted by the recipient, it is considered to have been received in perfect condition, hence no claim can be taken into account for Mr RICO Julien if the customer has not made any claim to the deliveryman. Our company is released from the obligation of delivery for all fortuitous cases of force majeure. Force majeure includes all cases recognized by jurisprudence and any malfunction of the Internet network, disruption or total or partial strike, particularly of postal services, means of transport and communications, as well as meteorological hazards (flood, fire, etc.).

V. – Reservation of title

The information, photos and graphics in the catalogs are for information purposes only and are not binding on Mr RICO Julien. It is possible that product names are close or exact to similar products otherwise manufactured and sold by third parties. We decline all responsibility (complicity in counterfeiting) in this respect insofar as we only market the products we buy from our wholesale suppliers, respecting their codes and catalog names. It is agreed between the parties within the meaning of the law of May 12 1980, that we retain ownership of the goods delivered until full payment of the price, ancillary costs and taxes. The transfer of risks of loss or deterioration nevertheless takes place between your hands as of delivery of the products. In the event of non-payment of the price or taxes on the due date, and without further formality or notice, the sale will be automatically cancelled in favor of Mr RICO Julien, subject to all damages to his benefit, in addition to any deposits received, which will be definitively acquired by him. The present retention of title clause does not prevent the transfer of risks to the customer upon delivery of the products. Consequently, upon delivery, the products are placed under the responsibility of the customer, who bears all risks of loss and damage, and takes out all necessary insurance. By express agreement, Mr RICO Julien may exercise its rights under the present retention of title clause, in respect of any of its claims, over all products in the customer’s possession, the latter being conventionally presumed to be those unpaid, and Mr Rico Julien may take them back or claim them as compensation for all unpaid invoices, without prejudice to its right to cancel current sales.

VI. – Privacy policy

All bank details entered on the site when placing an order are subject to secure processing and are immediately encrypted. This information is only accessible to our banking partner, so that it can contact your bank.
with your bank. At no time can we, or any other third party, access your bank details. Your payments are transmitted to our banking partner on the day of the order.

VII. – Warranties

VII. – 1 | Legal warranty: Independently of any commercial warranty that may be granted to the Internet user, Mr RICO Julien remains liable for defects in conformity of the goods sold in accordance with articles L. 217-4 to L. 217-5 of the French Consumer Code, partly reproduced below. Mr LAGADIC Florian also remains responsible for the legal guarantee of hidden defects under the conditions set out in articles 1641 to 1648 of the French Civil Code, as well as article 2232 of the same code, partly reproduced below.

“Garantie légale de conformité” (extract from the French Consumer Code) Article L. 217-4: The seller delivers goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his responsibility. Article L. 217-5: Goods conform to the contract: 1° If they are fit for the purpose usually expected of similar goods and, where applicable : – if it corresponds to the description given by the seller and possesses the qualities that the seller has presented to the buyer in the form of a sample or model; – if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling; 2° Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the attention of the seller and accepted by the latter.

“Article 1641: The seller is liable for any hidden defects in the item sold which render it unfit for the use for which it was intended, or which diminish this use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them. Article 1648 paragraph 1: The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.

VII. – 2 | Commercial warranty Certain products sold on the Site may benefit from a commercial warranty, the duration of which is mentioned on the product page of the items concerned. However, this guarantee will not apply in the event of a problem caused by negligence, deterioration or inappropriate use of the product by the Internet user. Indeed, Mr RICO Julien draws the Internet user’s attention to defects or malfunctions that may only be the consequence of poor installation or handling of the equipment.

VII. – 3 | If the product of the Internet user proves to be defective during the period of legal or commercial guarantee or not in conformity with the order, it carries out a request for SAV by contacting Mr RICO Julien. To make a return on the fllagshop.com site, the buyer will contact the seller’s after-sales service according to the terms of article 10. If the product is recognized as defective, Mr RICO Julien will send the buyer a product return number (RMA). Shipping costs will be reimbursed in accordance with the law, regardless of the solution chosen. It is hereby clarified that all shipping costs related to a return under a commercial warranty will be the sole responsibility of the Internet user, except if after the return of the product, the lack of conformity is confirmed, the return costs will be reimbursed to you, upon receipt. You are therefore invited to keep the receipts of your returns. You will be reimbursed at the basic postal rate for parcel delivery. After the product has been processed by Mr RICO Julien, who will check whether the product is covered by the legal or commercial warranty, the product will be repaired or exchanged, depending on the cost of repair. If the cause of the breakdown falls within the scope of the legal or commercial warranty, and the product is not repairable and cannot be exchanged for an identical or equivalent product, the latter will be reimbursed in the form of a credit note or refund. In all cases, Mr RICO Julien will propose the most appropriate solution (replacement of the defective part, replacement of the article or refund). In the event of an abnormal or abusive return, or if the Internet user has not read and applied the instructions provided, the return will be considered as non-compliant and treated as such.

VII. – 4 | Implementation of guarantees: reminder of the returns process For any guarantee, legal or contractual, it is reminded that the Internet user is free to choose the method of shipment of his product and whether or not to take out insurance in the event of loss, theft or destruction of his parcel. Mr RICO Julien does not assume any of these costs and cannot be held responsible for the non-receipt of the Internet user’s parcel. Finally, the Internet user is responsible for the packaging of his product, which must be made in such a way that the product can travel without risk of breakage or damage.

VII. – 5 | Limitation of contractual warranties: We would like to draw your attention to the fact that the warranty does not cover normal wear and tear of a product, friction between parts on parts that remove the surface treatment… Proof of a breakdown caused by negligence, deterioration, lack of maintenance or inappropriate use would render the manufacturer’s warranty ineffective: paint… Proof of a breakdown caused by negligence, deterioration, lack of maintenance or inappropriate use would render the manufacturer’s warranty ineffective: – in the event of inappropriate use or modification of the product – in the event of deliberate damage by the customer – if the product has suffered external damage such as a fall, shock, oxidation, fire, etc…

In this case, the product may be returned to you as is, or repaired on acceptance and prior payment of an estimate drawn up by the manufacturer. Please note that Mr RICO Julien cannot be held responsible if the manufacturer refuses to apply its warranty for the legitimate reasons set out above. In any event, the manufacturer’s warranty does not deprive the purchaser and/or consumer of the provisions of legal warranties (in particular the warranty against hidden defects or the legal warranty of conformity).

VIII. – After-sales service

If you have a problem using or installing your product, if your product is faulty or damaged, or if you wish to exercise your right of withdrawal, Mr RICO Julien provides after-sales service for his products. You are invited to contact us by e-mail at the following address: julienricojr@gmail.com. We will then process your request and provide you with an initial diagnosis (with or without application of the contractual warranty, breakdown, etc.).

IX. – Illustrations and Photos

The images and illustrations used in the production of the articles and the various visual presentations of the products are not contractual and are produced solely for illustrative purposes and may not be used to oppose any claim of any nature whatsoever. Images and logos are the property of their respective brands. For any claims relating to these images or illustrations, please contact their respective brands directly.

X. – Jurisdiction

Any dispute concerning the application of the present General Terms and Conditions of Sale and their interpretation, their execution, the sales contracts entered into by Mr RICO Julien or the payment of the price, shall be brought before the Commercial Court of Caen, regardless of the place of order, delivery, payment or method of payment, even in the event of a warranty claim or multiple defendants. Bills of exchange do not novate or derogate from this jurisdiction clause. The attribution of jurisdiction is general and applies whether it is a main claim, an incidental claim, an action on the merits or a summary proceeding.

XI. – Applicable Law and Disputes

The present contract is subject to French law. The language of this contract is French. In the event of a dispute arising from the present contractual relationship, the parties undertake to seek an amicable solution before taking any legal action.

XII. – Withdrawal period

XII. – 1 | Time limit for exercising the legal right of withdrawal In accordance with Article L. 221-18 of the French Consumer Code, the buyer has a period of (14) fourteen days from the date of receipt of the package containing the products ordered, to exercise his legal right of withdrawal without having to justify his decision.

XII. – 2 | Terms and conditions for exercising the legal right of withdrawal The terms and conditions for exercising the legal right of withdrawal are described in article 10 of these General Terms and Conditions of Sale.

XII. – 3 | Products excluded from the legal right of withdrawal In accordance with article L. 221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for orders for the supply of goods which have been unsealed after delivery.

XII. – 4 | Consequences of exercising the legal right of withdrawal If the products may be the subject of the legal right of withdrawal, the purchaser exercising his right of withdrawal under the conditions provided for in this article in terms of time and methods of returning the products, will be able to obtain a refund of the returned products as well as the delivery costs of the Order.

XII. – 5 | Costs In accordance with Article L. 221-23 of the French Consumer Code, the consumer shall return or restitute the goods to the professional or to a person designated by the latter, without undue delay and, at the latest, within fourteen days of communicating his decision to withdraw in accordance with Article L. 221-21, unless the professional offers to collect the goods himself. The consumer shall only bear the direct costs of returning the goods, unless the professional agrees to bear them or has failed to inform the consumer that these costs are to be borne by him. However, for off-premises contracts, where the goods are delivered to the consumer’s home at the time the contract is concluded, the trader will collect the goods at his own expense if they cannot be returned normally by post due to their nature. The consumer may only be held liable in the event of depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of these goods, provided that the professional has informed the consumer of his right of withdrawal, in accordance with 2° of article L. 221-5. 15 – Data protection

The information requested from the consumer is required to process the order and may be communicated to Mr RICO Julien’s contractual partners involved in the execution of the order. The consumer may write to Mr RICO Julien to oppose such communication, or to exercise his rights of access, rectification with regard to information concerning him and appearing in the files of Mr RICO Julien under the conditions provided by the law of January 6, 1978.