Terms of sale

1. PURPOSE

The website https://wearejolies.com/ is published by the company We Are Jolies, a simplified joint stock company whose head office is located at 25 avenue de la Vallée Heureuse, 64110 Gelos, identified in the Paris Trade and Companies Register under number 819 156 845.

The purpose of these general conditions of sale is to determine the rights and obligations that apply between We Are Jolies and any person visiting or placing an order for products via the site.

The Customer must read the General Terms and Conditions before placing any order, the latter being available at any time on the Site. They are accessible and printable at any time via a direct link at the bottom of the Site’s home page. Placing any order on the Site implies knowledge and acceptance by the Customer of all the stipulations of the General Terms and Conditions.

The contractual relationship between We Are Pretty and the Customer is governed by the General Terms and Conditions.

2. PRODUCTS

The products offered for sale by We Are Pretty are those displayed on the Site on the day of consultation of the Site by the Customer.

We Are Pretty makes its best efforts to update available stocks on the Site in real time. However, in the event of an error in the update, or in the event of cancellation of the order due to stock exhaustion, the responsibility of We Are Pretty cannot be engaged.

The content of the Site such as photographs, graphics as well as all information and characteristics illustrating and/or accompanying the products are not contractual, which the Customer acknowledges.

3. PRICE AND PAYMENT

We Are Pretty offers the sale of products whose description and prices are mentioned on the Site before the order is placed by the Customer.

We Are Pretty presents on the Site the prices in euros, all French taxes included (French VAT and other possibly applicable taxes) but excluding shipping costs, participation in order processing costs and packaging costs if applicable.

The prices offered by We Are Pretty on the Site are those in force at the time of the order. However, We Are Pretty is free to modify them at any time, upwards or downwards.

The Customer will communicate to We Are Pretty their bank details allowing payment, by credit card, of the amount due.

The communication by the Customer of his bank details constitutes authorization for We Are Pretty to debit the Customer's account for the amount of their order.

The Customer is required to pay the price of all the products placed in the basket at the time of validation of his order. The amount paid cannot be considered as a deposit or a deposit.

We Are Pretty retains ownership of the products until full payment of the price by the Customer.

4. USE OF THE SITE AND ORDERS

The Customer must be at least 18 years old and must have full capacity to commit to the General Terms and Conditions.
In order to place an order, the Customer must register on the Site by creating an account. To this end, the Client must communicate the required information to We Are Prettys as well as all information useful for completing the order and its delivery. This information allows We Are Pretty to create the Customer's account, to which the latter will have access using an access code for which he will be responsible, and which he must enter each time he wishes to access his customer account.

The Customer is solely responsible for the accuracy of the information he has transmitted, and in particular the bank details communicated to We Are Pretty. The Customer is also solely responsible for maintaining the confidentiality of his username and password. He must immediately contact We Are Pretty if he notices that his account is being used without his knowledge.

The Customer expressly authorizes We Are Prettys to access their account data.

The steps for making a reservation on the Site are as follows:

- the Customer must select the product(s) he wishes to order on the Site, which will be added to the basket;

- the Customer provides the personal information concerning him, necessary for the creation or updating of his account: name, first name, telephone number, postal address and email address;

- the customer checks his order, the total price, the all-inclusive price as well as the T&Cs, he then clicks on "validate and pay", which commits him to having completed the steps mentioned above and to accepting the T&Cs.

- the Customer must opt ​​for secure payment by credit card. The Customer will be directed to the online payment page, meeting the security standards required by banking sector security standards. The transaction system is offered by Mollie. The Customer then fills in their bank details to allow payment of the sum corresponding to the amount of the order;

- the order is then recorded and We Are Pretty send the Customer the reference and summary of the order (product(s), price, quantity, etc.) by email. In addition to having read the T&Cs and having accepted them by validating their order, the Customer will receive, in this e-mail, a link allowing them to access the T&Cs so that they can download and keep them.

We Are Pretty reserves the right to cancel or refuse an order in the event of a dispute with the Customer regarding a previous order.

In the event that a Customer places an order for a product whose stock is out of stock, We Are Pretty will inform the Customer of the situation as soon as possible. The Customer can then cancel their order and obtain a refund.

5. DELIVERY

Orders are shipped to the delivery address indicated at the time of ordering. Neither the carrier nor We Are Jolies can be held responsible for non-delivery due to an incorrect or incomplete delivery address.

Note that orders are processed from Monday to Friday (excluding public holidays) within 48 hours of receipt of payment for the order. The delivery times below do not take into account the preparation time.The deadlines indicated by Chronopost and Colissimo are indicative and not contractual.

In any case, delivery times in working days are indicated when the order is finalized by We Are Jolies.

The fact that the buyer is absent during delivery cannot be considered a delay.

At relay points and/or lockers, the merchant keeps your package at your disposal for 10 days in France and 8 days in Europe. After this period, the package will be returned to us, the product will be put back into stock and the buyer will be refunded.

If a package is not received within the specified time frame and a shipment has been sent, the buyer has 30 days to claim their package.
An investigation is carried out by We Are Jolies with the carrier and may take several working days.
During this period, no refunds or returns can be made. Once this deadline has passed, We Are Jolies will no longer be able to carry out an investigation.

In the event of a package declared delivered by the carrier but not collected by the buyer. We Are Jolies cannot be held responsible and undertakes to compensate its customers in the form of credit or return of items from the order not received following the investigation opened with the carrier.
A sworn statement will also be requested. No refunds will be made.

6. RIGHT OF WITHDRAWAL

The Customer has the option to cancel his order according to the terms set out below.
The Customer benefits from a period of fourteen (14) calendar days from receipt of the products to notifyWe Are Prettyhis intention to exercise his right of withdrawal, by accessing the returns portal here. 

In accordance with article L. 221-23 of the Consumer Code, the Customer will have a period of fourteen (14) days from notification toWe Are Prettyof its intention to exercise its right of withdrawal, to return the product in its original packaging and packaging allowing re-marketing in new condition.

Indeed, in accordance with the provisions of article L.221-28 of the Consumer Code, this right of withdrawal cannot be exercised for product(s) opened and/or unsealed and/or used after delivery and which cannot be returned for reasons of hygiene or health protection.

In addition, the right of withdrawal cannot be exercised for a product which has been worn, which is not in perfect condition, which is damaged, damaged, soiled, and/or incomplete (packaging, labels, etc.).

If applicable, the Customer will be reimbursed for the amount of the returned products according to , within fourteen (14) days from receipt byWe Are Prettyof the notification of the intention to exercise the right of withdrawal, if the product(s) were received byWe Are Pretty.

If you get a discount or a free product and want to make a return, you must also attach the product obtained through the offer.

In accordance with paragraph 2 of article L 121-21-4 of the Consumer Code, this reimbursement period may be deferred until the recovery of the product(s) byWe Are Prettyor until the Customer has provided proof of their shipment, the date chosen being that of the first of these facts.

Returned products will only be refunded by credit card, with the credit card used to pay for the online order.

Caution : if the customer pays with a credit or a gift card, he will not be able to be reimbursed on the credit card. Reimbursement is made using the same payment method as the purchase.
Our loyalty program offers are non-refundable, non-cumulative, non-transferable and strictly reserved for members.
If you wish to make a return and you live outside mainland France or the returns portal does not work for your order, the return is your responsibility. The return costs of €4.99 will therefore not be deducted.
If the return is made by you, we do not deduct 4.99 euros in return handling costs.

7. LEGAL GUARANTEES

7.1.      It is up to the Customer to check the products upon receipt.

7.2.      We Are Prettyis bound by the legal guarantee relating to defects in the item sold, under the conditions provided for in articles 1641 to 1648 and 2232 of the Civil Code.

The Customer may decide to implement the guarantee against defects in the item sold within the meaning of article 1641 of the civil code. In this case, he can choose between canceling the sale or reducing the sale price in accordance with article 1644 of the Civil Code.

8. LIMITATION OF LIABILITY

We Are Prettystrives to ensure the availability of the Site 24 hours a day, 7 days a week. However, it may happen that access to the Site is interrupted as part of maintenance operations, hardware or software upgrades, emergency repairs of the Site, or as a result of circumstances beyond the control of We Are Pretty. We Are Pretty undertakes to take all reasonable measures to limit these disruptions.

We Are Pretty declines all liability in the event of interruption of the Site, for any occurrence of bugs, for any damage resulting from fraudulent intrusion by a third party leading to a modification of the information found on the Site, for non-substantial errors relating to the products for the impossibility of contacting customer service and/or accessing the Site.

Customers acknowledge and accept that We Are Pretty assumes no responsibility towards them for any unavailability, suspension or interruption of the Site and cannot be held responsible for direct or indirect damage of any nature resulting from this fact.

The choice and purchase of a product is the sole responsibility of the Customer.

We Are Pretty cannot be held responsible for non-performance of the contract due to a case of force majeure, or due to the consumer or the unforeseeable and insurmountable act of a third party to the contract.

We Are Pretty cannot be held responsible for any indirect damage resulting from the purchase of products on the Site.

9. FORCE MAJEURE

In the event of the occurrence of a force majeure event preventing the execution of the General Terms and Conditions, We Are Pretty must inform the Customer within fifteen (15) days of the occurrence of this event, by e-mail or by registered letter with acknowledgment of receipt.

Expressly, are considered as cases of force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of French courts and tribunals, total or partial strikes, lock-outs, riots, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, act of terrorism, bad weather, epidemic, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, damage to waters, governmental or legal restrictions, legal or regulatory changes to forms of marketing, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal execution of the contractual relationship. All obligations of the parties will be suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the contract concerned may be terminated automatically without compensation, at the request of We Are Prettyor the Customer.

10. NON-COMPLIANCE BY THE CUSTOMER WITH HIS OBLIGATIONS

In the event of failure by a Customer to fulfill any of their obligations under the General Terms and Conditions, We Are Pretty will have the right to take sanctions against the Customer (deletion or suspension of the account, etc.), without prejudice to any legal action that We Are Pretty could take action against the Client.

11. PROTECTION OF PERSONAL DATA

The Site collects personal data concerning the Customer.

This data collection is carried out in particular:

- when the Customer creates an account,
- when the Customer places an order.

The data collected is intended for the use of We Are Pretty. They are necessary for the processing and management of the products offered by We Are Pretty to its Customers.

We Are Pretty is responsible for their processing.

The Customer is informed that as part of this automated processing of information, in particular the management of Customers' email addresses, We Are Pretty has completed the necessary formalities with the CNIL (number:2138839 v 0).

In accordance with the law of January 6, 1978, the Customer has the right to access, rectify, modify and delete data concerning him. To do this, simply make the request by writing to:

- Email:hello@wearejolies.com
- Address: 16 rue du Grand Prieuré, 75011 PARIS.

The Customer undertakes to update the personal data concerning him. He further undertakes to ensure that the personal data concerning him are accurate, complete and unequivocal. He may at any time access, using his username and password on the Site, his Customer account containing all the personal data he has provided toWe Are Pretty.

12. MODIFICATION AND VALIDITY DURATION OF THE T&Cs

We Are Pretty reserves the right to modify the General Terms and Conditions as well as the functionalities of the Site at any time, in particular in order to take into account any legal, jurisprudential, editorial and/or technical developments.

We Are Pretty will publish the modified General Terms and Conditions on the Site, indicating the update date.

The modified General Conditions of Sale will only be applicable to contracts formed or renewed with Customers, after their date of posting online on the Site.

The validity of the General Terms and Conditions is not limited in time.

13. INTELLECTUAL PROPERTY

The Site is the property of We Are Pretty, including the database, content, images, logos, videos, etc. protected by all intellectual property rights. Any reproduction, even partial, is subject to the prior written authorization of We Are Pretty.

All copyrights, trademarks and other distinctive signs and intellectual property rights appearing on the Site will remain the full and complete property ofWe Are Pretty.

The Client undertakes not to reproduce any of the elements of the Site, not to copy and/or divert, directly or indirectly, the concept, technologies or any other element of the site. Any use contrary to all or part of the Site or any of its elements would constitute an infringement likely to result in civil and/or criminal proceedings and expose the infringing Customer to the penalties mentioned.

14. APPLICABLE LAW – DISPUTES

These General Terms and Conditions are subject to French law. The language used is French. In the event of a dispute, the French courts will have sole jurisdiction. In accordance with the provisions of the Consumer Code concerning “the mediation process for consumer disputes”, the Customer has the right to use the mediation service offered by the company We Are Jolies free of charge. The “consumer law” mediator thus proposed is CM2C. This mediation system can be contacted by:

• electronically: cm2c@cm2c.net or
• by post: CM2C, 14 rue Saint Jean 75017 Paris

15. APPLICABLE LAW - COMPETENT JURISDICTION

The General Terms and Conditions are governed by French law.

The French courts will have sole jurisdiction over any dispute between We Are Pretty and the Customer, concerning in particular the formation of the General Terms and Conditions, their execution or their interpretation.