SECTION 1 - OBJECT AND IDENTIFICATION
The following General Terms and Conditions of Sale detail the rights and obligations of the company JOKA and its customer, as part of the online sale of the following goods: shoes for men, women and children, bathing suits, clothes ; accessories under the brand "CACATOÈS". JOKA is a SAS company (simplified stock company) with a capital of 1,000.00 euros whose registered office is at 348 Avenue du Prado, Immeuble le Stratège, 13008 Marseille, registered at the Marseille Trade and Companies Registry under number 814269940.The telephone number is +33 984286197. The email address is [email protected]
These General Terms and Conditions apply to products that are sold on the following Internet sites https://www.mycacatoes.com , https://www.mycacatoes.fr and exclusively concern individuals with no business purposes.
SECTION 2 – ORDERS
Any order implies irrevocable acceptance of these General Terms and Conditions of Sale. These General Terms and Conditions of Sale may be subject to change, the applicable terms and conditions are those in force on the date of placing the order. The order can only be recorded on the site if the user has clearly identified himself by means of entering his customer code (his e-mail) and a selected password. Orders are only taken after acceptance of their payment. Once payment has been accepted, JOKA will confirm the order to the customer by e-mail and assign a number to it. The site does not allow the purchase of product for resale. The customer has been fully informed that products offered for sale may not exactly correspond to the real products in terms of image and colors because of the Internet browser of the monitor used. The company reserves the right not to record a payment and not to validate an order for any reason whatsoever, especially in the event of an existing dispute with the customer, improper or fraudulent exchanges or returns, improper or fraudulent claims, improper orders with regard to the ordered quantities.
SECTION 3 - VALIDATION OF YOUR ORDER
Any order that appears on the Internet site https://mycacatoes.com , https://mycacatoes.fr , implies irrevocable acceptance of these General Terms and Conditions of Sale. Any confirmation of order implies irrevocable acceptance of these General Terms and Conditions of Sale, without exception or reservation. All data provided and the recorded confirmation will constitute proof of the transaction. The customer acknowledges perfect familiarity therewith. Confirmation of the order shall be deemed a signature and acceptance of the transactions performed.
SECTION 4 – PRICES
Prices of our products are quoted in euros and include all taxes (VAT and other taxes applicable on the date of the order), unless otherwise specified and excluding shipping and handling costs. In case of ordering to a country other than metropolitan France, the customer will be the importer of the concerned products. Customs duties, local taxes, import duties or state taxes may be payable. These fees and taxes are not the responsibility of JOKA. These are to be paid by the customer who is entirely responsible, both in terms of declarations and payments to the relevant authorities and bodies of his country. All orders are payable in euros regardless of their origin. JOKA allows itself the right to modify its prices at any time. However, the product will be charged according to the pricelist in force when the order was validated and subject to availability. The products remain the property of JOKA until complete payment has been fulfilled.
SECTION 5 - PRODUCT AVAILABILITY
JOKA commits to deliver orders received on its Internet site within product availability. If one or more ordered products are not available, the company agrees to inform the customer as soon as possible. The customer's order will be automatically canceled. The Customer will be informed by e-mail or telephone as soon as possible and will be refunded the full order.
SECTION 6 - DELIVERY
Products are delivered to the delivery address as indicated during the order process, within the time specified on the order validation page. In the event of a delay in the delivery time, you will receive an email to inform you of any consequences on the originally indicated delivery time. In accordance with legal provisions, and in the event of delayed deliveries, you may cancel the order according to the terms and conditions defined in section L 138-2 of the Consumer Code. Should you receive the product in the meantime, we will proceed to its refund as well as shipping costs according to the conditions mentioned in section L 138-3 of the Consumer Code. JOKA will not be held responsible for delays in delivery due to the unavailability of the customer after several requests for appointments.
SECTION 7 – TERMS OF PAYMENT
Payment is made by credit card (Visa, MasterCard, Eurocard MasterCard), PayPal or Amazon Pay. The payment is validated upon receipt of all requested additional information requiring further verifications. At no time, can the amounts already paid be considered as down payments or installments. No returns sent by Cash on Delivery will be accepted whatever the reason is. JOKA retains ownership of the product until full payment of its price by the customer. The customer's banking information will not be viewed or stored by the company.
SECTION 8 – CANCELATIONS
In accordance with the dispositions of article L.121-21 of the Consumer Code, the customer has a 14 days cancelation period to exercise his right of withdrawal without any reasons or incurring penalties starting as of his acceptance of the product. In order to benefit from his right of cancelation and before the end of said period, the customer must either send an email mentioning the following details : name, address, telephone number, order number, product reference, article type, price and quantities, or use the supplied cancelation form. Should the 14-day retraction period end on a Saturday, a Sunday, a bank holiday or another non-working day, the period will be extended until the following workday. Returns are to be made within this period and in their original and complete condition (packaging, accessories, and instructions). In this context, your responsibility is engaged. Any damage to the product at this time may nullify the right of retraction. The Customer must include the duly completed return form (bill at the bottom of the invoice) or a piece of paper indicating the order number to the parcel. The return costs are at the customer's expenses. Should the right of retraction be exercised, JOKA will proceed to the refund of the amounts paid within a 14 days delay following the notification of your request and by means of the same method of payment than the one used for ordering. There shall be no refund if the concerned article has been depreciated because of handlings others than the ones necessary to its return.
SECTION 9 – REFUND AND EXCHANGE
Apart from the retraction delay mentioned above, the client benefits of a 28 franc days delay as of the date of reception of the goods to return any of the products or to request an exchange for a similar product in another size as long as supplies are available, and subject to fulfilling the conditions set forth below. All returned products (shoes, original packaging, accessories, leaflet...) need to be new, unused and in their original pristine packaging and with no writing on it. Upon receipt of the parcel the company will review the condition of the returned products. No return will be accepted and therefore no refund will be issued if the returned products have been visibly used or damaged by the customer, or such use or damage renders the product unfit for sale. In case of damage to the package (open package, missing product), the customer agrees to notify the carrier and the company by any means, any reserve within 3 days of receipt of the product. Any complaint that has been issued beyond the 3 days following reception of the products will be considered invalid. It is not the company’s responsibility. If the returned products meet the above-mentioned conditions, JOKA will process the refund no later than 14 days after they are received. This refund will be made by transfer to the customer's bank account, PayPal or Amazon Pay. In case of a return of products that have been sold as part of a promotional offer and if the terms of the same offer are no longer fulfilled, the company will refund the amount of the reduced product. JOKA will not refund any shipping costs but only the total amount of the order that has been entirely returned.
SECTION 10 – LEGAL GUARANTIES
All our products benefit from the legal guarantee of conformity and of the guarantee of latent defects (section 1641 and following of the Civil Code). In case of non-compliance of a sold product, it can be returned, exchanged or refunded. All claims or requests for exchange or reimbursement must be made by email or via mail within 30 days of delivery. There is no guarantee whatsoever in the event of damage of external origin or due to misuse, improper use, negligence or lack of maintenance on the part of the Customer, as well as in case of normal wear of the product.
SECTION 11 – LIABILITY
JOKA's obligation is limited to the means as far as the order processing and the steps to access the site are concerned. Our products comply with the existing French legislation. JOKA cannot be held responsible in the event of non-compliance with the legislation of the country where the product is delivered. It is up to the customer to check with local authorities whether it's possible to import or use the products or services ordered Furthermore, JOKA cannot be held responsible for any damage consequent to a misuse of the purchased product. The company cannot be held responsible for any inconvenience or damages due to Internet usage, such as a breach of service, an outside intrusion or the existence of an IT virus, or any event due to force majeure, in accordance with the case law, namely in the event of strikes, bad weather preventing the delivery of the order.
SECTION 12 - INTELLECTUAL PROPERTY
All the components of the site https://www.mycacatoes.com , https://www.mycacatoes.fr and social networks belonging to JOKA are and will remain its intellectual, industrial and exclusive property. Any total or partial reproduction, exploitation, broadcast or use, for any purpose whatsoever, of any of the site elements whether they are software, visual (texts, comments, images, photos, drawings) or sound. Any simple or hypertext link is strictly forbidden without the express consent of the company JOKA.
SECTION 13 - PERSONAL DATA
JOKA reserves the right to collect customer data necessary to process the customer's order or provide better service or information. This data can be shared with companies contributing to the relations, such as those in charge of the execution of services and orders for their management, execution, handling and payment. This information and data will be saved for security reasons, in accordance with legal and regulatory obligations. In accordance with the law of January 6, 1978, the customer has a right of access, rectification and opposition to his own personal information and data, directly on the website.
SECTION 14 - SECURE TRANSACTIONS
The company has secured the websites https://www.mycacatoes.com and https://www.mycacatoes.fr by means of a paid certificate providing a money back guarantee if the customer is aggrieved and loses money wrongly on an authenticated but fraudulent site. This provides additional security for the customer.
SECTION 15 - ENTIRETY
Should one of the clauses of the present agreement become null and void either due to a change in legislation or in regulation or through a court decision, this would not affect whatsoever the validity and the compliance to these general conditions of sale.
SECTION 16 - DURATION
These conditions apply for the total duration of the time services are offered online by the company JOKA.
SECTION 17 - RECORD KEEPING AND EVIDENTIARY PURPOSES
JOKA will keep record of purchase orders and invoices on a dependable lasting support thereby providing an exact copy, as requested by section 1348 of the Civil Code. JOKA'S computerized records will be held as evidence of communications, orders, payments and transactions between the parties.
SECTION 18 - APPLICABLE LEGISLATION IN CASE OF DISPUTES
The language in which the present contract has been recorded is French. These General Terms and Conditions of Sale as well as all our policies and procedures are subject to the French legislation. The company and the customer will work to settle any dispute on amicably. The only competent authority to settle any dispute will be the Marseille Court.
SECTION 19 - CLAIMS
In the event of complaints, the customer will need to send an email to the following email address: [email protected] , mentioning all necessary information and including date and order numbers as well as his name and details (address, telephone number, etc.). If you need more information or if you have a question, JOKA's Customer Service can be reached Monday to Friday from 8:30am till 12:30pm on +33 984286197 as well as by email at [email protected]