Terms & Conditions
General Terms & Conditions of Sale
All the elements and products present on the website www.youandmepatterns.com are the property of JOMIJOLI and its legal representative JOMARIE ROMERO and are protected by copyright and intellectual property rights. It is forbidden to SELL PATTERN CLOTHING from www.youandmepatterns.com, whether the patterns were purchased on the site, in digital or paper form or purchased from a partner reseller. The Site is a trading platform, which allows Internet users (hereinafter: the “customer”) to acquire products as defined below. The Site and the Products are intended for individuals and are not intended for professionals. The site does not allow the purchase in view of their resale. By the mere fact of validating the order on the Site, the CLIENT declares having read, understood and accepted without reservation the terms of the said order as well as the entirety of these general conditions of sale. The present general conditions of sale are systematically accessible on this Site by the CLIENT at the time of the registration of the order. In accordance with the provisions of Article 1369-1 of the French Civil Code, these general conditions of sale may be kept by any person visiting the Site, by means of a computer recording and may also be reproduced by the Customer, by the way of their impression.
General Terms & Conditions of Sale
1.1. These General Terms and Conditions of Sale apply in their own right, without restriction or reservation, to all sales concluded by the company JOMIJOLI (hereinafter referred to as the “SELLER”) to consumer or non-professional buyers (Ci -after designated the “CLIENT”), wishing to acquire the products offered for sale by the SELLER on its website https: //youandmepatterns.com
1.2. These General Terms and Conditions of Sale shall prevail, as the case may be, over any other version or any other contradictory document.
In particular, these General Terms and Conditions of Sale apply to the exclusion of those applicable to other channels of distribution or marketing of the SELLER’s products.
1.3. These General Conditions of Sale have been updated on 11 April 2019. This edition cancels and replaces the previous versions.
2. Acceptance of the General Conditions of Sale
Ticking the box “I have read and accept the General Conditions of Sale” (or ordering a product for sale on the site) implies that the CUSTOMER has accepted the present General Conditions of Sale, acknowledgment of having perfect knowledge and waiver of other conditions.
3. Modification of the General Conditions of Sale
The SELLER reserves the right to modify its General Conditions of Sale at any time. In this case, the conditions applicable will be those in effect at the date of the order by the CLIENT.
The new version of the General Terms and Conditions of Sale may not apply to transactions previously concluded.
The CLIENT, who wishes to place an order on the website, must:
– To identify
– Fill in the order form
– View the summary of the order
– Correct any errors encountered in the command
– Confirm your order (double click principle).
The validation of the order implies express acceptance of all the operations carried out on the website.
The sale will be considered final only after sending the CUSTOMER confirmation of the acceptance of the order by the SELLER by email and after receipt by it of the full price.
For the purpose of order fulfillment, and in accordance with Article 1316-1 of the Civil Code, the Customer undertakes to provide its truthful identification.
The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
5. Product Features
Each product offered for sale by the SELLER is the subject of a description on the website.
The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The CLIENT is informed that the presentation of products and colors may vary depending on the settings of his computer.
6. Product Availability – Warning
6.1 The products presented on the site are offered for sale for all territories for digital products. For physical products, territories are those for which a delivery method is available.
6.2 Product offers are subject to availability. The indications on the availability of the products are provided at the time of the placing of the order.
The products are supplied at the prices in effect on the website, when the order is registered by the CLIENT. The prices are expressed in Euros, all taxes included.
These rates are firm and non-revisable during their period of validity, as indicated on the website of the SELLER.
These prices do not include processing fees (packaging) and delivery, which are charged extra.
8. Delivery charges
Delivery costs are fixed regardless of the actual costs of transport.
9. Terms of payment
The price is payable in full and in one installment, as follows:
You indicate to us when you place your order on the website the number of your card and its expiry date and the last 3 digits on the back of your card (Cryptogram). Your account will be charged the amount of your purchase at the time of shipping the order.
You enter your PayPal ID and your password on your PayPal account where you will be directed when you validate your order at the last stage of the order (5. I place my order). PayPal is a secure, fast and free online payment service.
Payments made by the CUSTOMER will only be considered final after the SELLER has actually received the sums due.
The SELLER will not be obliged to proceed to the delivery of the products ordered by the CUSTOMER if it does not pay him the price in full under the conditions indicated above; the SELLER reserves the right, in case of non-compliance with the terms of payment listed below above, suspend or cancel by right the delivery of the orders in progress made by the CLIENT.
Once the payment has been initiated by the Customer, the transaction is immediately debited after verifying the information. In accordance with Article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By giving his bank details at the time of the sale, the Customer authorizes the Seller to debit his card with the amount relating to the price indicated. The Customer confirms that he is the legal owner of the card to be debited and that he is legally entitled to use it. In case of error, or impossibility to debit the card, the Sale is immediately resolved by right and the order canceled.
10. Delivery – Default
10.1 The products acquired by the CUSTOMER are delivered in mainland France or in countries open for delivery within the time indicated when placing the order on the delivery tab of the site, to the address indicated by the CLIENT when ordering on the website.
Except in special cases or unavailability of one or more products, the ordered products will be delivered in one go. Deliveries are handled by an independent carrier, chosen by the SELLER.
Delivery means the transfer to the CLIENT of the physical possession or control of the product.
The CLIENT is required to check the condition of the products delivered.
In accordance with Article L133-3 of the French Commercial Code, the CLIENT has a period of three days, excluding holidays, from the date of receipt of the products, to formulate with the carrier, by registered letter, any claim as to loss and / or damage of the package (s) found.
10.2 The delivery times of physical products are indicative, according to the information provided by the third party carrier of the seller.
10.3 For digital products, the PDF template, the number of downloads is 1 time for the same model and within 7 days from the order.
11. Transfer of ownership – risks
The transfer of ownership of the SELLER’s products, for the benefit of the CUSTOMER, will only be realized after full payment of the price by the latter, regardless of the delivery date of said products.
The transfer of the risks of loss and deterioration of the SELLER’s products will be realized at the moment when the CUSTOMER physically takes possession of the goods, as long as the carrier is proposed by the SELLER.
Except under special conditions, the rights granted under the present conditions are only to the physical person signing the order (or the person holding the email address communicated).
12. Right of withdrawal
In application of Article L 121-16 of the Consumer Code, the Customer has a period of fourteen days from the delivery of the order to return the item delivered for exchange or refund, at his own expense. .
To result in a credit or a refund, returned Products must be in perfect condition for resale and complete, including packaging. Books must be returned in their original packaging film. Any product that has been damaged, or whose original packaging has been damaged, will not be refunded or exchanged. This right of withdrawal is exercised without penalty, except for the cost of return. The credit and possibly the refund are issued after examination of the product, ie between 1 and 3 weeks after our return service has received the Product.
A Customer Service is at your disposal. You can contact him by:
– mail, to: Jomijoli, 97 Bd Voltaire 75011 PARIS France
– email: firstname.lastname@example.org
The right of withdrawal does not apply in the context of digital downloadable products directly from the website, once the order has been paid by the Customer, and that access to the pdf file has been provided.
13.1 Legal guarantees
I. Legal warranty against hidden defects rendering the products unfit for use
The products are guaranteed against defects and hidden defects. SAS JOMIJOLI’s warranty on transport can only be implemented if the Customer has made a written complaint within 48 hours of receipt of the goods. The seller’s guarantee is limited to the replacement or a refund in value of recognized goods defective by the seller, taking into account the use that has been made and this at the free choice of the seller. The seller agrees to ensure only the replacement of defective items provided to the Customer by him. SAS dp studio declines all responsibility for misuse or misuse of ordered goods. Subject to the legal provisions, the seller’s liability is strictly limited to the obligations defined in these conditions.
II. Legal guarantee of conformity (articles L.211-4 and following of the Code of the consumption)
The seller is held liable for defects in the conformity of the goods to the contract under the conditions of articles L.211-4 and following of the French Consumer Code.Release the legal guarantee of conformity products that do not meet the legal definition of conformity of the product. Article L.211-5 of the Consumer Code.
The consumer who wishes to make a request under the legal guarantee of conformity envisaged in articles L.211-4 and following of the Code of the consumption will have to address his request to:
97 Bd Voltaire
75011 Paris, France
When acting as a legal guarantee of conformity, the consumer is informed that he:
– has a period of two years from delivery of the property to act;
– may choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 211-9 of the Consumer Code;
– is exempted from reporting the proof of the lack of conformity of the good during the six months following the delivery of the good. This period is extended to twenty-four months from March 18, 2016, except for second-hand goods.
The legal guarantee of conformity applies regardless of the commercial guarantee that may be granted.
It is recalled that the consumer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, the consumer can choose between the resolution of the sale or a reduction of the selling price, in accordance with article 1644 of the Civil Code.
13.2 Commercial guarantee
The CLIENT is invited to refer to the terms and conditions of guarantee specified and attached to each product. For any complaint, the customer service department is at the disposal of the CLIENT.
Under no circumstances may the commercial guarantee granted reduce or abolish the aforementioned legal warranties.
The responsibility of the SELLER could not be engaged in the case where the non-performance or the bad execution of its obligations would be attributable either to the CLIENT, to the unpredictable and insurmountable fact of a third party to the contract, or to a case of force majeure such as defined by French case law.
15. Intellectual property- Hypertext links
All elements of the SELLER’s website, whether visual or audio, including the underlying technology, are protected by French and international laws relating to intellectual property.
They are the exclusive property of the SELLER and / or its partners.
Any total or partial reproduction of the content of the website of the SELLER is strictly prohibited and is likely to constitute a crime of counterfeiting.
Trademarks, domain names, products, software, images, videos, texts or more generally any object of intellectual property rights are and remain the exclusive property of the seller. No assignment of intellectual property rights is carried out through these GSC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
The rights of exploitation of the bosses published by the SELLER are conceded exclusively for a use in the family and personal frame.
16. Computers and freedoms
Pursuant to Law 78-17 of January 6, 1978, it is recalled that the personal data that are requested to the CLIENT are necessary for the processing of his order and the establishment of invoices, including.
The processing of personal data communicated through the website has been declared to the CNIL .
The CUSTOMER has, in accordance with national and European regulations in force, a right of permanent access and rectification of information concerning him.
These rights can be exercised by contacting: email@example.com
The CUSTOMER may also, for legitimate reasons, oppose the processing of data concerning him.
By entering your email address on one of the sites of our network, you will receive emails containing information and promotional offers concerning products published by the Company and its partners. You can unsubscribe at any time. Simply click on the link at the end of our emails or contact the controller (the Company) by letter RAR. We carry out on all our sites a follow-up of the frequentation. For this, we use tools such as Google Analytics.
17. Evidence agreement
The computerized registers, kept in the SELLER’s computer systems under reasonable conditions of security, will be considered as proof of communications, orders and payments between the parties.
It is expressly agreed that, unless there is evidence to the contrary, the data stored in the SELLER’s information system has probative force with respect to orders placed by the CLIENT. Data in computer or electronic form is valid evidence and as such is admissible under the same conditions and with the same force evidence that any document that would be prepared, received or kept in writing.
The filing of purchase orders and invoices is carried out on a reliable and durable support so as to correspond to a faithful and durable copy in accordance with Article 1348 of the Civil Code.
E-mails as well as postal and fax mail are also worthy of proof.
To access the data recorded during online orders and / or modify them, the CLIENT can send his request to: firstname.lastname@example.org
The fact that one or other of the parties does not claim the application of any clause of the General Conditions of Sale or acquiesces to its non-performance, whether permanently or temporarily, may not be interpreted as a waiver by that party to the rights which flow from the clause.
19. Language of the contract
The language proposed for concluding the distance contract is French.
20. Applicable legislation
By express agreement between the Parties, these General Terms and Conditions of Sale and the resulting purchase and sale transactions are governed by French law.
The products of the SELLER comply with the regulations in force in France.
21. Force majeure
The performance of the seller’s obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent its execution. The seller will notify the customer of the occurrence of such an event as soon as possible.