General Terms and Conditions, Legal Notices & Confidentiality
GENERAL TERMS AND CONDITIONS OF SALE & USE & PRIVACY POLICY
These General Terms and Conditions of Sale are entered into between, on the one hand, 4 ECOM SUCCESS, a simplified joint-stock company (SAS) with a capital of €5,000, registered with the Paris Trade and Companies Register under number 843 388 794, having its registered office at 10, rue de Penthièvre, 75008 Paris (hereinafter "4 ecom"), and on the other hand, any person who has made a purchase on the website www.rollonjade.com, hereinafter referred to as "the Customer". Any purchase on the website www.rollonjade.com (hereinafter the "Website") automatically implies acceptance of all of these terms and conditions.
ARTICLE 1: DEFINITIONS
Customer: refers to any user who purchases a Product through the Site and/or who has a personal account on the Site. Order: refers to the process by which the Customer selects the Products they wish to purchase and have delivered. An Order is finalized when the Customer has selected the Products they wish to have delivered, the delivery options, and has paid the amount due. Once finalized, the Order is processed by 4 Ecom, which will ship the ordered Products according to the terms of these General Terms and Conditions of Sale (GTC). Contract: refers to these GTC and any specific conditions applicable to certain promotional offers. Personal Data: refers to all personal information relating to the Customer (a natural person) provided by them when placing an Order. User: refers to any natural or legal person accessing the Site, whether a Customer or not. Parties: refers collectively to 4 Ecom and the Customers and Users of the Site. Products: refers to the products available for sale on the Site.
ARTICLE 2: PURPOSE OF THE TERMS AND CONDITIONS AND CURRENT VERSION
These Terms and Conditions of Sale (T&Cs) define the conditions under which Users may access the Site, place Orders, and manage the relationship between 4 Ecom and Users, as well as all the resulting rights and obligations. 4 Ecom is free to modify these T&Cs at any time and without prior notice, in particular to take into account any legal and/or technical developments. 4 Ecom will inform the User of any changes by any means, and the User must accept the new T&Cs. Every User agrees to comply with these T&Cs without restriction or reservation, whether they are simply visiting the Site or placing an Order. The T&Cs are presented to Users for acceptance prior to any Order placed on the Site. The latest version of the T&Cs available on the Site will be the one that prevails. The version applicable to an Order is the one in effect on the date the Order is placed. If a User does not accept the T&Cs or any subsequent modifications, they must refrain from using the Site. The User declares having received from 4 Ecom, prior to placing their Order, all information regarding the Products and delivery methods. They declare that they are solely responsible for the choice of Products and their use. The User must be a duly represented legal entity or a natural person of legal age with the legal capacity to place an Order on the Site. Otherwise, they must have the authorization of their legal representative to place an Order.
ARTICLE 3: PRESENTATION OF ITEMS/PRODUCT SHEETS
4 Ecom guarantees that the photographs of the Products displayed on the website were taken under standard conditions for the relevant sector, using the actual Products. 4 Ecom makes every effort to ensure that the photographs of the Products are as close as possible to the Products actually delivered to the Customer (particularly the color of the stones). However, 4 Ecom cannot guarantee that the Products will be exactly identical to the photographs, notably due to the technical constraints of displaying the photographs on the Website, and the inherent variations in the ore from which the stones used for the tools are extracted. 4 Ecom strives to present and describe its Products as accurately and faithfully as possible. For any questions or clarifications regarding a Product, the User can contact Customer Service either by email at contact@rollonjade.fr or by phone at +33(0)184601773
ARTICLE 4: PRICE
All prices displayed on the Site are in euros, inclusive of all taxes. 4 Ecom reserves the right to change its prices without prior notice. The prices applied to the Customer are those displayed on the Site at the time of their Order.
ARTICLE 5: ORDER
To place an order, the Customer selects the desired Products on the Website and adds them to their virtual shopping cart. Certain personal data is required to create a personal account. The Customer is responsible for providing complete, up-to-date, and accurate information; 4 Ecom cannot be held liable in this regard. The Customer is informed that some of the requested information is mandatory for the proper execution of the order, which they expressly acknowledge. Product descriptions are available to the Customer on the Website, which the Customer accepts and acknowledges. Once the order is finalized, 4 Ecom confirms its acceptance by sending an email to the Customer at the address provided during the ordering process. The order is validated once payment has been fully processed and received by 4 Ecom. 4 Ecom will send the Customer an invoice by email to the address provided during the ordering process. The Customer is advised to save or print their invoice and retain it for their records. 4 Ecom undertakes to fulfill confirmed Orders, subject to availability. In any event, 4 Ecom shall not be liable for any loss or damage suffered by the Customer, nor shall it be required to pay any compensation. 4 Ecom may modify the range of products offered for sale on the Website at any time, without prejudice to Orders already placed by the Customer.
Article 6: Product Availability
Products are offered subject to availability. 4 Ecom does not guarantee the availability of products displayed on the website. If a product is unavailable, the Customer may either "pre-order" it but will be notified of the temporary stock shortage indicated on the product page (and the expected restocking date), or the Customer will be informed as soon as possible by email or telephone of the product unavailability and the cancellation of their order. If the order is cancelled due to unavailability, the Customer's order will be automatically canceled and the Customer refunded as quickly as possible. 4 Ecom cannot be held liable for order cancellations due to stock shortages. 4 Ecom reserves the right to terminate the contract between the Seller and the Customer if the Customer does not receive delivery of their goods or if the delivery is incorrect, even if the two parties previously agreed upon the terms of the contract. 4 Ecom is required to inform the customer of any service unavailability as soon as possible. All sums already paid by the customer will be refunded immediately after the order cancellation. In the event of a stock shortage or pre-order, 4 Ecom also reserves the right to establish a customer waiting list for product delivery. In this case, the customer's account will be debited at the time of ordering without the product being delivered. As soon as the product is back in stock, the ordered product will be shipped to the customer, according to their position on the waiting list. The waiting times before restocking, indicated to the customer at the time of ordering, are indicative and not contractual. Once the order has been placed and the buyer is added to the waiting list, the order cannot be canceled. The order may be refunded upon receipt, according to the return and refund conditions outlined in these Terms and Conditions.
ARTICLE 7: DELIVERY
Delivery charges, inclusive of all taxes, will be specified on the Website during the ordering process and must be accepted by the Customer upon order confirmation. They are listed separately from the product prices. The delivery charges may vary depending on the weight, the chosen delivery method, and the delivery location of the products, which the Customer expressly acknowledges and accepts. Delivery times are indicated on the Website and depend on the delivery method chosen by the Customer. Delivery times exclude Saturdays, Sundays, and public holidays. In accordance with Article L. 216-1 of the French Consumer Code, the Parties agree that the products will be delivered within the timeframe specified during the ordering process and before order confirmation. In the event of an incorrect address or if the Customer fails to collect the order, they may contact 4 Ecom or the carrier to arrange redelivery of their order to a collection point. Otherwise, the product will be returned to the 4 Ecom warehouse. In this case, the return shipping costs will be borne by the Customer. Unless a delivery timeframe is specified on the Website, 4 Ecom undertakes to deliver the Products within a maximum of 30 (thirty) days from the date of the Order confirmation email sent to the Customer by 4 Ecom. However, as 4 Ecom uses external service providers (carriers, postal services, etc.) for the delivery of the Products, 4 Ecom is entirely dependent on these third-party providers. The delivery times indicated on the Website may therefore be affected by these providers, without 4 Ecom being held liable for these delivery delays and any resulting consequences. When delivery is made against signature, this signature serves as proof of proper receipt of the package. The transfer of risk and liability relating to the Products occurs upon receipt of the Products by the Customer. From this date, the Customer will be solely responsible for the goods, their use, and any consequences that may arise therefrom. Therefore, the Customer agrees to verify, upon delivery, that the delivered Order is complete, compliant, and undamaged. Any Order received against signature by the Customer will be considered compliant, complete, and in perfect condition at the time of delivery. In certain countries outside the European Union, the Customer may be subject to additional customs and shipping fees. 4 Ecom will not be held liable for the payment of these additional fees and considers it the consumer's responsibility to inquire about customs fees in their country of residence.
ARTICLE 7.1 - INTERNATIONAL DELIVERY
- Applicable taxes and fees are entirely the responsibility of the recipient customer.
- Exemption thresholds and rates vary depending on the country, the nature of the products and their value.
- It is recommended to thoroughly research VAT rates, customs duties and processing fees specific to your country before making any international purchase.
The conditions for export taxation outside the European Union, primarily to Switzerland, Canada and the United Kingdom, for example, are:
| Country | Threshold Exemption | Local VAT | Customs duties | Additional charges |
| Swiss | 63 CHF | 8.1% | Cancelled in 2024 | Customs clearance (CHF 16 + 3%) |
| Canada | CA$60 | 5% (TPS) | 9.975% (QST) | Depending on type and value, carrier |
| United Kingdom | 135 GBP | 20% | Carrier processing fees |
ARTICLE 8: PAYMENT
The Customer pays on the website www.rollonjade.com by credit card (Visa, Mastercard, Maestro, and American Express) via the secure Stripe payment platform and by PayPal. For payments via PayPal or Stripe: The payment methods are specific to the PayPal or Stripe payment provider's platform and are independent of 4 Ecom, which does not intervene in any way in the use of these services. All terms and conditions related to payment via the PayPal or Stripe payment solution are governed by the Terms of Service of these services. 4 Ecom does not retain any of the Customer's bank details, subject to the provisions below. 4 Ecom cannot be held liable for any malfunction occurring on the PayPal or Stripe payment platform.
ARTICLE 9 - RIGHT OF WITHDRAWAL
In accordance with Articles L.221-5 et seq. of the French Consumer Code, the Customer has 14 days from the date of delivery of the Order to return any new and unopened product, in its original packaging and in perfect condition (any damaged, incomplete, or defective product, or any product whose packaging is damaged, will not be accepted), to request a full refund without penalty. Return shipping costs will be borne by the Customer, regardless of the country. The Customer must therefore place the intact packaging containing the product inside suitable packaging, to which the return label must be affixed, before shipping it via the postal service. The Customer must also include a copy of the invoice or any other document that identifies the Order and its owner. The return of the Product is at the Customer's own risk. If the package is lost, stolen, or damaged during the return process, 4 Ecom reserves the right to refuse to refund the returned product(s).
ARTICLE 10 – PERSONAL DATA
Personal data is collected by 4 Ecom when an order is placed, when a personal account is created by the customer, or when subscribing to a newsletter. In addition, personal data is collected through cookies. This type of data collection is addressed in Article 9.2 below. When placing an order, the customer must provide certain personal data, which is then collected by 4 Ecom. This data includes the customer's surname, first name, email address, postal address, and telephone number. The same personal data is required when creating a personal account. This personal data is processed automatically for the purposes of managing the order and 4 Ecom's customer database, as well as for marketing and statistical purposes. It may be shared with 4 Ecom's business partners who contribute to the delivery of products and the processing of payments, solely for this purpose, which the customer expressly acknowledges and accepts. Furthermore, within the framework of the online payment services used by 4 Ecom, these services collect certain personal data belonging to Customers on behalf of 4 Ecom. This data is retained for the period necessary for the purposes for which it is collected and processed, namely for the fulfillment of the Order placed by the Customer, unless: - a longer retention period is authorized or required by law or regulation; - the Customer has exercised, under the conditions set forth below, one of the rights granted to them by law. In addition, when the Customer has created a personal account, the personal data provided for this purpose is retained until the account is deleted, which can be requested from 4 Ecom under the conditions described below. If the Customer no longer wishes to receive newsletters and/or promotional offers, they can change their preferences by contacting 4 Ecom under the conditions mentioned below or by using the unsubscribe links provided in the messages. Access to personal data is strictly limited to authorized 4 Ecom employees. The information collected may be shared with third parties contractually bound to 4 Ecom for the performance of outsourced tasks necessary for order management, without requiring the Client's authorization. It is specified that, in the course of performing their services, these third parties have only limited access to the data and are contractually obligated to use it in accordance with applicable data protection legislation. Except as stated above, 4 Ecom undertakes not to sell, rent, transfer, or grant access to the data to third parties without the Client's prior consent, unless legally required to do so (legal obligation, combating fraud or abuse, exercising the right to defend oneself, etc.). In accordance with applicable laws and regulations, in particular Law No. 78-17 of 6 January 1978, as amended, concerning information technology, data files and civil liberties, and European Regulation No. 2016/679/EU of 27 April 2016, the User has the right to access, rectify, port, and erase their data, or to restrict its processing. They may also, for legitimate reasons, object to the processing of their personal data. They may therefore request that any inaccurate, incomplete, ambiguous, or outdated personal data concerning them be rectified, completed, clarified, updated, or erased. The User's personal data is also deleted when the User expressly withdraws their consent to the collection and processing of their personal data, subject to 4 Ecom's legal obligations. To exercise these rights, the User must send a request by email to contact@rollonjade.fr, indicating their first and last name. 4 Ecom may ask the User to prove their identity by attaching any necessary document to their request, including a copy of their identity card or passport. In the event of a security breach of the Site or the loss of personal data relating to Users, 4 Ecom will inform them by email in accordance with applicable legal requirements. It will take all necessary measures, within the limits of its human, material, and financial resources, to remedy the breach and ensure data security. Users also have the right to lodge a complaint, which they can exercise with the national supervisory authority, namely the CNIL (French Data Protection Authority). 4 Ecom may use cookies on the Site. This is an automatic tracking process that records information relating to browsing on the Site and stores information entered during visits to the Site in order to facilitate its use. Users can object to the installation and/or delete these cookies by following the procedure indicated in their browser settings. 4 Ecom obtains the express consent of users regarding the use of these cookies and uses them in accordance with legal provisions, including the General Data Protection Regulation (GDPR). 4 Ecom uses these cookies solely to compile connection statistics and user browsing history. Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows 4 Ecom to sell our services and products under the Roll On Jade brand. Your data is stored in Shopify's data storage system and databases, and in the general Shopify application. Your data is kept on a secure server protected by a firewall.
ARTICLE 11: INTELLECTUAL PROPERTY
Without limitation, the "ROLL ON JADE" brand, its derivatives and variations, logos, graphic charter, layout, information, presentation, and content of the Site are the exclusive property of 4 ECOM. The systems, software, structures, infrastructure, databases, and content of any kind (text, images, visuals, music, logos, trademarks, databases, etc.) relating to the Site are also protected by all applicable intellectual property rights and database producer rights, of which 4 ECOM is the sole owner or holder. Any disassembly, decompilation, decryption, extraction, reuse, copying, and more generally, any reproduction, representation, distribution, or use of any of these elements, in whole or in part, without the prior written authorization of 4 ECOM is strictly prohibited and may be subject to legal action. Any reproduction or representation, in whole or in part, of the Site or its constituent elements, such as trademarks, logos, graphic charter, layout, information, presentation and content of the Site, without this list being exhaustive, is prohibited.
ARTICLE 12: LIMITATION OF LIABILITY
4 Ecom disclaims all liability for damages of any kind whatsoever, resulting in particular from the use of the Site or the ordering of Products, including but not limited to damage to the Client's reputation and image, or any loss of data that may occur as a result of using the Site. In the event that 4 Ecom is found liable for damages suffered by the Client and solely attributable to 4 Ecom, its liability shall be limited to the amount of the order paid by the Client to 4 Ecom. 4 Ecom shall under no circumstances be held liable for any interruption of all or part of the Site, regardless of the cause, duration, or frequency of such interruption. While the Site uses the technology necessary for its access and use, the possibility of viruses or other harmful elements, introduced by any means or by any third party, that may cause damage to the User's computer systems cannot be ruled out. 4 Ecom offers no guarantee, express or implied, regarding the operation of the Site, including any technical problems that may arise. 4 Ecom reserves the right to modify, at its sole discretion and unilaterally, at any time and without prior notice, the Site's configuration, the services or content offered, as well as the right to remove, limit, suspend, or prohibit access to them, temporarily or permanently. The Customer agrees to use the Products in strict accordance with the instructions for use provided by 4 Ecom. Therefore, 4 Ecom cannot be held liable for any improper use of the Products by the Customer or any third party.
ARTICLE 13: LEGAL GUARANTEE
In accordance with the provisions of the French Consumer Code, the Products sold on the Site are covered by legal guarantees, namely the guarantee of conformity (Articles L.217-4 et seq. of the French Consumer Code) and the guarantee against hidden defects (Articles 1641 et seq. of the French Civil Code), allowing Customers to return defective and non-conforming Products free of charge. Guarantee against hidden defects. In accordance with Articles 1641 et seq. of the French Civil Code, 4 Ecom is liable for hidden defects in the Products sold that render them unfit for their intended use or significantly impair it. The Customer may bring an action based on a hidden defect within two years of discovering the defect. Under the legal guarantee against hidden defects, 4 Ecom, at the Customer's option, undertakes, after assessment of the defect, either to refund the full price of the Product concerned or to refund a portion of the price of the Product if the Customer decides to keep it.
ARTICLE 15: COMPLAINTS - INFORMATION
Any complaint or request for information relating to these Terms and Conditions must be sent to Customer Service by email to the following address: contact@rollonjade.fr
ARTICLE 16 – MISCELLANEOUS PROVISIONS
In the event of a dispute relating to an Order, the Customer must first contact 4 Ecom to seek an amicable solution, by email at contact@rollonjade.fr. Furthermore, in accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has established an Online Dispute Resolution platform, facilitating the independent, out-of-court resolution of online disputes between consumers and professionals within the European Union. This platform can be accessed at the following link: https://webgate.ec.europa.eu/odr/. Applicable Law and Jurisdiction These Terms and Conditions are governed by French law, unless otherwise required by law. In the absence of an amicable settlement, and regardless of the origin of the dispute, any disputes relating to the performance or interpretation of these Terms and Conditions shall be submitted to the competent courts of Paris.