Terms and conditions
GENERAL TERMS AND CONDITIONS OF SALE AND USECanadian Users
Last update: 2021-04-20
Article 1. DEFINITIONS
These General Terms and Conditions of Sale and Use are concluded between:
The company Jacadi S.A.S. with share capital of 25 847 956 euros
and adress at 32 Rue Guersant
registered in the Paris Trade and Companies Register under number 441 875 473
Any person who visits the website and/or wishes to make a purchase on the website www.jacadi.ca; this site is accessible via the URL www.jacadi.ca
Hereinafter "the User", Together "the Parties”
Whenever used in these General Terms and Conditions, the terms below shall have the following meaning:
Any person of legal age and capacity to enter into contracts on their own behalf or on behalf of their child, living in the Canadian territory, who buys from the Jacadi website for their own personal needs.
Any purchase made on the www.jacadi.ca website under the conditions defined in these General Terms and Conditions.
1.3 User Account:
Any account intended to be assigned to just one User at any given time, in order to allow him/her to access the retail site www.jacadi.ca
1.4 General Terms and Conditions:
These General Terms and Conditions of Sale and Use of the Jacadi company’s website.
The content of the Jacadi website (including any information, text, message, graphics, logo, GIF, database, screenshot, image, photograph, music, text file, audio and video file, software or any other material, as well as their layout).
Any user of the www.jacadi.ca website
Article 2. SUBJECT
The purpose of these terms and conditions is to define the method of distance sales, ordering, payment and delivery between Jacadi and the User. They regulate all the steps necessary to place an order and ensure the follow-up of this order between the contracting parties.
Placing an order implies prior and irrevocable acceptance of the general terms and conditions of sale.
Thus, having read, understood and accepted these terms and conditions by ticking the box when placing the order, the User acknowledges: "□ I have read and agree to the General Terms and Conditions of Sale and understand that placing this order requires making a payment"
The general terms and conditions are subject to change. The applicable conditions are those in force on the www.jacadi.ca site on the date the User places the order.
They prevail over all general conditions of purchase and any other document issued by the customer. Thus, placement of an order implies the acceptance without reserve of the general terms and conditions according to the modalities described above.
The User declares that:
- He/She has the capacity to conclude this contract: minors, as well as protected adults who do not have the express authorization of their legal guardian are excluded;
- He/She is making purchases only for personal use and not purchasing items for the purpose of reselling them;
- He/She is not a merchant;
- He/She is living in Canada;
- He/She will use the website of Jacadi at www.jacadi.ca fairly and in accordance with these general terms and conditions and rules of law in force.
Article 3 : Items
The items offered for sale by Jacadi are those shown on the www.jacadi.ca website on the day the User visits the site.
The items that are offered for sale are limited to items in stock. The availability of items is checked by Jacadi when the order is being filled.
In addition to the photographs reproduced and which illustrate the items presented, the User is asked to read the description of each item to know its characteristics. Jacadi undertakes to reproduce the items as faithfully as possible; however, a slight difference from the visuals cannot be completely ruled out.
Article 4 : Price
Prices are presented in Canadian dollars and excluding taxes and delivery charges, which are borne by the User.
The delivery costs and taxes are indicated at the time the order is placed.
Jacadi reserves the right to change its prices at any time. The items will be invoiced on the basis of the prices in force at the time the order is placed.
The User may not under any circumstance take advantage of any other price charged by any other marketing method.
Article 5 : Order
Any order placed implies express and irrevocable acceptance of the prices and descriptions of the items available for sale. The confirmation of the order therefore means express acceptance of the general terms and conditions of sale.
5.1 Cart validation
The User selects the items he/she wishes to order by clicking on the « □ Add to cart » button. The selected items are then listed in the "Cart" tab.
In this tab, the User can check the details of his/her order (example: items, quantities, price, size, colour).
At this point, the user is offered several options:
- If the User has a privilege code (e.g. coupon, discount), he/she is asked to enter it before validating his/her cart.
- The User can also choose gift wrapping, with a personalized message if he/she wishes. To this end, the User must click on the box « □ I WISH TO SEND MY ORDER WITH JACADI GIFT WRAPPING », and then write in the dedicated box the message he/she wants to appear.
Once the information has been checked and/or adjusted, the User can continue with the order by clicking on the "Validate cart" box.
5.2 Creating a User account
To create a User account, the User is asked to complete a form and provide the following required information: title, last name , first name, e-mail address, mailing address, telephone number.
To find out how the above-mentioned data is processed, the User may read the « Personal data » section at any time.
If he/she wishes, the User will be able to log in to his/her account again on his/her next visits, thanks to the identifiers provided (e-mail address and password).
In any case, the User is solely responsible for use of the identifiers provided as well as the actions that are carried out on this User account.
The User shall immediately inform the Jacadi Company of any fraudulent use of his/her account he/she is aware of.
The User has the possibility of placing an order without creating a User account, by checking out as a guest. The User will then have to provide an email address, title, last name, first name, mailing address and telephone number.
5.3 Choice of delivery and payment method
Once the cart has been validated, the User is asked to choose the delivery method he/she wishes, in accordance with Article 7 of these Terms.
The user then selects his/her payment method, in accordance with Article 6 of these Terms.
In order to allow the User to review his or her order before confirming it, Jacadi has created validation and acceptance screens. The order will only be definitively registered after the last confirmation of the payment screen of the order, i.e. once the User has accepted these general terms and conditions of sale and clicked on the boxes:
« □ I have read and accepted the Terms and understand that placing this order requires making a payment »
« □ Pay for my order ».
From the moment of the last click of acceptance, which has the same value as a handwritten signature, the order is considered irrevocable by the Customer.
The Jacadi Company always reserves the right to cancel an order, even after the last acceptance, in case of, but not limited to, lack of bank confirmation of the actual payment, false declaration by the Customer or suspicion of fraudulent transaction.
In the event of a dispute concerning the reality or the terms of the transaction, the computer records provided by the bank payment server will be considered as proof between the parties.
5.4 Order tracking
A preliminary email summarizing the purchase made by the User is sent upon confirmation of payment of the order with written confirmation of the registration of the purchase. A second email summarizing the items shipped and invoiced is sent when the order is processed and shipped. The User is therefore indirectly informed of the unavailability of an item in this email.
Once the order has been validated on the site, the User may track its processing at any time.
To do so, the User simply logs into his/her account on the site and clicks on the "My orders and returns" section. In the event that the User places an order as a guest, i.e. without creating a User account, the User will still be able to track his/her order, thanks to the tracking number indicated in the order shipping confirmation email.
The status is indicated for each order:
- Order registered (your credit card payment has been validated) ;
- Order being processed (your order is being filled at our warehouses) ;
- Order shipped.
Article 6. Reserve in store
Jacadi offers the User the possibility of reserving an item for pick-up at a store via the website www.jacadi.ca
The service of reserving an item for pick-up at a store selected by the User is free of charge.
The user can reserve a maximum of:
- 5 item(s) at the same time
- 1 of the same item
Given the current situation caused by COVID-19, Jacadi has altered its reservation process as follows:
As soon as the Customer confirms his/her reservation of the item(s) on the Site, the selected boutique will contact the Customer by telephone within a maximum of 24 hours.
The purpose of the call is to give the Customer confirmation that the selected item(s) is/are available.
At this stage, the Client is under no obligation to make the purchase and is free to go ahead with the reservation or cancel it.
If the Customer wishes to confirm the reservation, the sales assistant will ask him/her to make payment before picking up his/her order at the store, and this is for respecting health rules to prevent the spread of COVID-19. For this purpose, the Customer will be sent an email, which will include a link to a secure payment platform. At the same time, the Customer will be asked to accept these General Terms and Conditions of Sale.
The price to be paid is the one shown on the Site during the reservation process and in the emails received after confirmation from the store.
If the User would like to use a promotional code, the discount will be applied by the store at the time of payment (except for promotional codes valid only on https://www.jacadi.ca).
Upon confirmation of the payment, the Customer will be asked by the selected store to come and pick up his/her Item, and suggest different time slots for doing so, taking into account the health measures imposed by COVID-19.
During busy periods, Jacadi reserves the right to modify the terms and conditions of reservation in store. Furthermore, Jacadi reserves the right to suspend the reserve in store service for an unspecified period of time. To find out more about the terms and conditions of in-store reservation, please read the "GENERAL TERMS AND CONDITIONS OF USE OF E-RESERVATION". These conditions are available during the e-reservation process, at the bottom of the "CONTACT US" tab. The User declares that he/she has read and accepts these conditions by ticking the box "I accept the General Terms and Conditions of Use".
Article 7. TERMS OF PAYMENT
7.1 The different means of payment
The order placed on the website https://www.jacadi.ca can be paid for by:
-Credit card We accept:
- Visa card
- American Express
- The payment method will be confirmed and debited as soon as the transaction is accepted by the customer, in order to ensure the solvency of the latter.
- The amount (including taxes and shipping) is only charged to the User's account for the items actually shipped. The User who has placed an order will have the possibility of printing his/her contract and invoice by logging on to the site, in the order-tracking area provided for this purpose.
7.2 Secure payments
In order to ensure the security of payments, the company Jacadi uses the secure payment service Ogone - Ingenico E-Commerce Solutions. Banking details are encrypted and protected (SSL - Secure Socket Layer standard technology for keeping an Internet connection secure), thanks to a security system designed to prevent unauthorized third parties from intercepting, accessing, distorting or diverting them to their advantage.
The Ogone payment interface uses 3-D Secure technology. It is a system developed by the two credit card networks Visa and Mastercard to authenticate cardholders and thus prevent fraudulent use of their cards. In addition to the number, validity date and security code, with the 3-D Secure system, the card-holder must be authenticated on an interface of his/her bank to which he/she is automatically redirected, by entering a code or personal information that his/her bank sends to him/her beforehand. Once authenticated, the card holder will see if his/her transaction has been authorized or refused by his/her bank.
Therefore, the Customer accepts in advance and unconditionally that Jacadi may proceed with the secure transaction and authorizes his/her bank to debit his/her account on the basis of the records and statements transmitted by Jacadi.
Article 8: DELIVERY TERMS
Jacadi ships across all Canada. All packages are insured byJacadi when shipped out of our warehouse. Our carrier partner might require a signature on delivery of any merchandise, including gifts, at which point responsibility for your purchased goods passes to the recipient.
On the occasion of commercial transactions, certain delivery methods may be free of charge when certain conditions set out in the "General Terms and Conditions of Use" of the Site are met.
Article 9: RETENTION OF TITLE
Until payment in full of the order, Jacadi remains the owner of the items ordered by the User.
The risks are transferred to the delivery service provider at the time of taking charge of the order, then transferred to the User at the time of receipt of the order by the latter.
Article 10: RIGHT OF CANCELLATION
10.1 How to exercise the right of cancellation
In accordance with the "Consumer Protection Act", the User may terminate the purchase contract within seven (7) days of receiving written confirmation of his/her purchase by e-mail in the situations provided for by Law.
Furthermore, if the User does not receive written confirmation of his/her purchase confirming the contract within 15 days of its acceptance as referred to in Article 5.3 of these general terms and conditions, the User has a period of 30 days to terminate the contract from the date of purchase.
Finally, the contract may also be cancelled at any time if Jacadi does not fulfill its obligation to make the delivery within 30 days of the date of acceptance.
Cancellation, if any, shall be notified by the User by means of a simple notice, in which Jacadi is informed of termination of the contract for any of the reasons provided for by Law.
10.2 Refund in case of cancellation
Jacadi will make any legitimate refunds within 15 days of the cancellation of the contract under the conditions provided for by Law.
In this situation, the items purchased shall be returned by the customer to Jacadi upon receipt of the refund; the cost of returning the Item shall be borne by Jacadi, which undertakes to do so.
Article 11: INTELLECTUAL PROPERTY
This entire site is protected by Canadian and international intellectual property laws. All reproduction rights reserved.
These general terms and conditions do not give the Customer and/or User any title or right of ownership of the website or services of the Jacadi Company, which remain the exclusive property of Jacadi regardless of the form, language, medium, names, brands, logos, or designs. No duplication, in whole or in part, may be made without the prior written consent of Jacadi.
In general, Customers and/or Users shall refrain from any act that may infringe upon this property right. Users who have a personal website and wish to place on their site a simple link, for personal use, to the homepage of the Jacadi brand site, must ask for authorization from the Jacadi Company. Any other link whatsoever (in particular using the framing or in-line linking technique) is ruled out.
Article 12: PERSONAL DATA
As the data controller, the Jacadi Company collects the required personal data marked with an asterisk. The data collected are required for the processing, tracking and delivery of your order, as well as for the preparation of invoices.
On the other hand, these data may be necessary to send offers, news and advertising, whether or not personalized, only if you agree to receive them.
They may also be used for statistical analyzes.
They are stored only for the time necessary for the reasons for which they were collected and in compliance with the Act Respecting the Protection of Personal Information in the Private Sector applicable in Canada.
The Jacadi Company also guarantees to take all necessary measures to ensure the protection, privacy and security of personal data, in accordance with Article 10 et seq. of the aforementioned Law.
Article 13: COOKIES
When visiting the website www.jacadi.ca, cookies are put on the User's computer, cell phone or tablet.
What is a cookie?
The User can read the "COOKIES POLICYS" section at any time to learn more about the use and handling of cookies.
Article 14: ENTIRE CONTRACT
In the event that any of the clauses of this contract is null and void, due to a change in legislation, regulations or a court decision, this shall not affect the validity and compliance with the other clauses of these general terms and conditions.
Article 15 : DURATION
These terms and conditions apply throughout the period of time that the services offered by Jacadi are online, and are subject to change.
Article 16 : RESPONSIBILITY
Jacadi is responsible for due fulfillment of the obligations arising from these General Terms and Conditions of Sale.
However, Jacadi shall not be liable for the total or partial non-fulfillment of its obligations under this contract, if such non-fulfillment depended on either the purchaser or a force majeure event.
Article 17 : FORCE MAJEURE
In the event of a force majeure, the Parties agree to contact each other as soon as possible in order to determine how to manage the order for the duration of the force majeure event. After a period of one month of interruption due to a force majeure, the Parties shall be released from their obligations toward each other. Jacadi will then refund the User the amount of the order as soon as possible.
With regard to the obligations of the Jacadi Company, force majeure events are those defined by Article 1470 of the Civil Code of Quebec and more broadly war, epidemic, explosion, acts of vandalism, riots, civil commotion, acts of terrorism, machine breakdown, fire, storm, water damage, total or partial strikes, acts of government, legislative or regulatory provisions, blockages and failures of the means of transport and telecommunications networks, blockages and failures of the computer networks (including the switching networks of telecommunications operators), failures of the public electricity distribution network, loss of Internet connectivity, which would be of such a nature as to delay or prevent the performance of the commitments of one of the Parties.
Jacadi shall not be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular any disruption of the service, external intrusion or the presence of computer viruses, or any event qualified as force majeure.
Article 18: AGREEMENT OF PROOF - ELECTRONIC CONTRACT
Customers and/or Users agree that any information exchanged with Jacadi, aimed at placing or filling an order, is to be sent by email.
The parties decide that proof of contractual obligations shall be provided as follows: It is agreed that clicking on the "I have read and accept the General Terms and Conditions" button indicates the Customer's consent and implies his/her acceptance of these General Terms and Conditions.
Any acceptance or request from a Customer and/or User, which may give rise to obligations on his/her part, shall be validated by the said Customer and/or User by entry and validation of the password personally assigned to him/her. By entering and confirming his/her password, which will be considered as a signature, the Customer and/or User will be deemed to have irrevocably accepted the obligations entered into.
The Jacadi Company may use as proof any act, program, data, file, record, transaction and other element (such as tracking reports or other or other reports) of a computerized or electronic nature or format, established, received or kept directly or indirectly by the Jacadi company, for example in any database.
The Customer and/or User accepts and acknowledges the validity of any order placed with the company Jacadi on electronic support.
Article 19: MODIFICATION AND DUPLICATION OF THE SITE
Jacadi reserves the right to modify and update all or part of the Website(s) www.jacadi.ca and its Services at any time.
Any change in the name of the www.jacadi.ca Internet Site, as well as any change in its hosting location, its size, its purpose, or its update frequency will have no effect on the fulfillment of the orders which will be applied by right and automatically to the modified site.
In the event that the www.jacadi.ca Website is "split up” into several different sites these terms and conditions will be automatically extended to those sites.
Article 20: APPLICABLE LAW - DISPUTES
Any matter relating to these General Terms and Conditions, as well as to the Orders they govern, shall be governed by and construed in accordance with the provincial and/or federal law in force in Canada and interpreted in accordance with the rules of interpretation of that law. Any dispute relating to this agreement will also be decided in accordance with the provincial and/or federal law in force in Canada.
Article 21: MEDIATION
Any Customer and/or User who is also the consumer may resort to mediation for settling consumer disputes related to an order placed with the Jacadi Company on its website. In accordance with the rules applicable to mediation, any consumer dispute must be submitted in advance in writing to the Jacadi Company by sending an email at firstname.lastname@example.org or by calling the following customer service number directly 1-888-690-2488 (toll free). After the consumer makes a written request to Jacadi, the Mediator Service may be contacted for any consumer dispute that has not been settled.
Article 22: CUSTOMER SERVICE - COMPLAINTS
For any request for information and/or complaint, the Customer and/or User may contact Customer Service at the following email address: email@example.com