The "jimmyfairly.com" website provides Internet users with a presentation of the activity of Jimmy Fairly, a company specialising in the sale of frames and corrective lenses. Access to, consultation and use of the https://www.jimmyfairly.com website (hereinafter referred to as "jimmyfairly.com") is subject to the unreserved acceptance of these General Terms and Conditions of Use. These conditions are concluded between, on the one hand, the company JIMMY FAIRLY and on the other hand, persons wishing to make a purchase via the website of the company JIMMY FAIRLY (www.jimmyfairly.com), hereinafter referred to as "Customer".
1. Legal information and scope of application
This "jimmyfairly.com" website is published and hosted by Jimmy Fairly, a SAS with a capital of 40,182 euros, having its registered office at 23, rue du Mail, 75002 Paris, registered with the Paris Trade and Companies Register under number 530 422 427, whose intra-community VAT number is FR44530422427.
The email address is: firstname.lastname@example.org
The Publishing Director of "jimmyfairly.com" is Mr Antonin Chartier, President of Jimmy Fairly.
2. Acceptance of the general terms and conditions
The purpose of these General Terms and Conditions of Sale is, on the one hand, to inform any potential Customer of the terms and conditions under which the Jimmy Fairly Company carries out the sale and delivery of the products ordered and, on the other hand, to define the rights and obligations of the Parties within the framework of the sale by the JIMMY FAIRLY Company.
Acceptance of the GTC in the form of a click occurs during any account creation and/or order on the site and constitutes proof that the Customer has taken note of the said provisions. At the time of his order, the Customer declares that he is aware of these general terms and conditions and accepts the rights and obligations relating thereto. No order is possible without this agreement.
The click is indeed the electronic formulation of "yes" or acceptance. The acceptance of these general conditions presupposes that the Internet users are of legal age and have the necessary legal capacity to do so, or failing this, that they have the authorisation of a guardian or curator if they are incapable. The Customer has the option to save and print the General Terms and Conditions using the standard functionalities of his browser or computer. The GTC apply to the exclusion of any other conditions, in particular those in force for in-store sales.
3. Modification of the current General Conditions
Jimmy Fairly reserves the right to modify, freely and at any time, the General Terms and Conditions of Use of "jimmyfairly.com". Each user connecting to "jimmyfairly.com" is invited to regularly consult the General Terms and Conditions of Use in order to be informed of any changes. The renewed use of the site as and when these General Conditions of Use are modified constitutes acceptance, by each user, of the General Conditions of Use in force.
4. Prices and availability
LeThe selling prices of products online on the site jimmyfairly.com, are indicated according to the currency of the country in euros or pounds sterling, all taxes included with the standard shipping costs. (See Article 9 "Delivery"). The prices can be modified at any time by the company Jimmy Fairly. The prices displayed are valid only on the day of the Order and are not effective for the future. Prices include the value added tax (VAT) applicable on the day of the Order. Any change in the applicable VAT rate will automatically be passed on to the price of the products sold by the company JIMMY FAIRLY.
The products presented on the site " jimmyfairly.com ", are valid as long as they are advertised and within the limit of available stocks. The availability of the products is indicated on the site. In case of total or partial unavailability of products after placing the Order, the Purchaser will be informed by e-mail as soon as possible of the unavailability of the product and the cancellation of his Order. In case of cancellation of the Order : The Buyer's Order will be refunded for the price or products not available as soon as possible and, at the latest, within thirty days from the notification of unavailability. Reimbursement shall be made by the same means as the Purchaser used to pay for his/her Order.
By placing an order for glasses equipped with corrective lenses on the Site, the Customer certifies:
- be over 18 years old, or otherwise have the authorization of a guardian or curator if they are unable to do so.
- be in possession of a valid medical prescription for glasses equipped with corrective lenses. This prescription may be entered directly by the customer or sent in the shape of an order to JIMMY FAIRLY (to establish the order). As long as JIMMY FAIRLY has not received the medical prescription, delivery will be kelp on hold.
In order to place an order, the Customer may select one or more products and add them to their shopping bag. The selection process for eyeglasses is divided into two additional steps and will be the subject to a quotation in the shape of a summary:
- Step 1: Choosing the product
- Step 2: Choice of lenses according to different possibilities (lenses Without prescription or unifocal), and different options that are not mandatory (Anti-Scratch, Anti-reflective, Anti-dirt, etc),
- Step 3: Filling in the prescription (correction, pupillary deviation, etc.) according to different modalities. The client declares without limitation or reservation to be informed that failing to provide a medical prescription of less than three years, he will not be able to benefit from the reimbursements of the Health Insurance, under the usual conditions.
- Step 4: Validation of the bag (order interface in which the products chosen by the buyer are found).
- Step 5: Contact and Delivery Information
- Step 6: Choosing the type of delivery
- Step 7: Choice of payment method. (Cf Article 8: payment)
- Step 8: Validation of the order by clicking on the "Payment" button.
- Step 9: Receipt of a confirmation email within 24 hours, edited by Jimmy Fairly Company
- Step 10: Receipt of an email proposing the creation of a personal space (See Article 7 "Creation of a personal space")
JIMMY FAIRLY reserves the right to suspend or cancel any execution and/or delivery of an Order, regardless of its nature and level of execution, in the event of non-payment or partial payment of any amount due by the Client to the Company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the site and the payment of an Order.
6. Retention of title clause
Products and items remain the property of the Jimmy Fairly Company until full payment of their price, in accordance with this retention of ownership clause. However, the risks are transferred to the Customer as soon as they are delivered.
7. Creation of a personal space
The creation of a personal space is optional when ordering from a Customer, on the website www.jimmyfairly.com. However, it is strongly recommended for the follow-up of the order, in particular in order to be able to provide the information necessary for the personalization of its glasses and the generation of its invoice and care sheet for its CPAM and, if necessary, its mutual or complementary health insurance. To this end, the Client will be asked to provide a certain amount of personal information. The Client undertakes to provide accurate information under penalty of termination of the contract at the publisher's initiative and deletion of the client account.
Certain information is deemed essential for the conclusion of the contract and its collection is necessary for the provision of the lens personalization service and the conclusion of the contract. The refusal by a member to provide this information will prevent the creation of the personal space as well as, incidentally, the validation of the order.
This space allows the Customer to consult all his orders placed on the site, and also allows them, if necessary, to track the delivery of these orders.
If the data contained in the personal space section were to disappear as a result of a fortuitous event, a technical breakdown or a case of force majeure, the publisher of this site could not be held liable, as this information has no probative value but only an informative character. However, the publisher undertakes to securely store all contractual elements whose storage is required by law or regulation in force.
The pages relating to personal spaces are freely printable by the account holder in question but do not constitute proof, they are only informative in nature and are intended to ensure the efficient management of his orders by the customer.
When creating the personal space, the user is prompted to choose a password. This password is the guarantee of the confidentiality of the information contained in his "my account" section and the user is therefore prohibited from transmitting or communicating it to a third party. Otherwise, the site cannot be held responsible for unauthorized access to a user's account.
Jimmy Fairly Company reserves the exclusive right to delete the account of any member who has violated these terms and conditions (including, but not limited to, where the member has knowingly provided incorrect information, when registering and creating a personal space) or any account that has been inactive for at least one year. Such deletion shall not be likely to constitute damage to the excluded member who shall not be entitled to any compensation as a result.
This exclusion is not exclusive of the possibility for the Jimmy Fairly Firm to take legal action against the member when the facts justify it.
The Customer can place an order on the website jimmyfairly.com and can make his payment by credit card and Paypal. The customer guarantees that he has the necessary authorizations to use the payment method he has chosen for his Order.
8.1. Available means of payment: Bank cards
The credit cards accepted on the jimmyfairly.com Site are as follows: Carte Bleue, Visa, American Express and MasterCard. These payment cards must be issued by a banking or financial institution located in the European Union or Monaco.
8.1. Security in payment transactions
Payments by credit card are made by means of secure transactions provided by the service provider Stripe. In the context of credit card payments, Jimmy Fairly has no access to any data relating to the user's means of payment. Payment is made directly to the bank.
In order to ensure the payment security by credit card on the jimmyfairly.com Site, the Customer must transmit to JIMMY FAIRLY the visual cryptogram (CVV) appearing on the back of the credit card used by the Customer.
The products ordered by the Customer in accordance with these GCS shall be delivered to the address indicated by the purchaser as the delivery address on the Order concerned ("Delivery Address"). The company JIMMY FAIRLY delivers to all countries of the European Union, except Croatia, Cyprus, Bulgaria, Switzerland and Liechtenstein, and also delivers to Monaco.
Standard delivery charges are included in the price, indicated to the customer before any payment and only concern deliveries made in Corsica Metropolitan France included, in the United Kingdom and in Germany.
For any other place of delivery, the delivery costs of a value of 20 euros will be charged in addition to the price of the products purchased by the buyer. In case of delivery of a package that is obviously and visibly damaged, it is up to the customer to refuse it in order to enjoy the guarantee Free by the carrier. The customer must also inform the seller without delay, so that a new package can be prepared and then shipped upon receipt of the damaged package in return. In such a case, the delivery times indicated above in these general conditions will no longer be applicable.
The unavailability, even prolonged and without any time limit, of one or more products, cannot constitute a prejudice for Internet users and can in no way give rise to the award of damages from the site or its publisher.
9.1. 9.1. Delivery times
Orders are delivered by TNT, within a maximum period of 30 working days from the perfect receipt of the price corresponding to the consideration by the seller, if the latter has all the necessary information to fulfil the order. See "Ordering" section.
Some products or order volumes may nevertheless justify a longer delivery time, this will be expressly mentioned to the consumer when validating the order.
9.2. Apparent defect
The customer undertakes to check the conformity of the product with his order upon delivery. Any error in delivery in relation to the order or apparent defect must be the subject of a complaint, within 7 days of delivery. After this period, the product will be deemed to have been received by the customer, who will no longer be able to rely on a delivery error or an apparent defect.
9.3. Damage and partial losses
In accordance with Article L 133-3 of the French Commercial Code, the receipt of the items transported extinguishes any action against the carrier for damage or partial loss if, within three days, without including public holidays, following that of receipt, the consignee has not notified the carrier, by registered letter, of his justified protest.
Complaints relating to the transport of products must therefore be entered on the transport document, then confirmed to the carrier and the publisher by registered letter with acknowledgement of receipt within three clear days of receipt of the products, under penalty of foreclosure of any reservations and complaints.
10. Provisions on consumer rights
10.1. Customer service
The customer service of this site is available from Monday to Friday from 10am to 7pm by email at email@example.com or by post at the following address: Jimmy Fairly, 23 rue du Mail, 75002 PARIS. The publisher undertakes to provide a response within 5 working days.
10.2. Right of withdrawal
In accordance with Article L. 221-18 of the Consumer Code, the Purchaser has a minimum period of 14 days from the day of receipt of the package containing the ordered products, to exercise his right of legal withdrawal without having to justify his decision. The Customer who has made a purchase on the jimmyfairly.com website will have a period of 30 days from the day of receipt of the package.
The Customer exercising his right of withdrawal under the conditions provided for in this article in terms of time and methods of returning the products, may obtain a refund of his returned order, in accordance with Article L221-24 of the Consumer Code. The refund will be made according to the method of payment used for the initial transaction, unless the Customer expressly agrees to another method of refund.
In accordance with the provisions of article L121-20-2 of the French Consumer Code, the Customer may under no circumstances claim to exercise any right of withdrawal for orders for all products that are clearly personalised or made to their specifications (e.g. eyeglasses).
In order to exercise this right, the Customer must inform Jimmy Fairly of its intention to withdraw by contacting Jimmy Fairly's Customer Service within 30 days following the order at the following address: JIMMY FAIRLY, 23 rue du mail 75002 Paris or by email at the following address: firstname.lastname@example.org.
10.3 Delay in delivery
Any delay in delivery of more than thirty days may result in the cancellation of the sale at the consumer's initiative, upon simple written request from the consumer, sent by registered letter with acknowledgement of receipt. The Customer will then be reimbursed for the sums incurred by himself during the order. This clause is not intended to apply if the delay in delivery is due to a case of force majeure beyond the control of Jimmy Fairly.
In such a case, the customer confirms not to take any legal action against the site and its publisher and waives the right to terminate the sale provided for in this article.
11. Warranty for products purchased on this site
All products sold on this site are marketed in compliance with the laws and regulations in force and benefit from all the necessary approvals to be placed on the market. The mandatory postings required by the laws and regulations in force will be made on this site, and in particular in the summary quotation of the order and the description of each item
in case of a flawed product purchased on this site, customers have two years from the date of discovery of the defect to request an exchange or refund, in accordance with the provisions of the French Civil Code regarding the legal guarantee against hidden defects, and, pursuant to Article L211-5 of the Consumer Code, they shall have a period of two years from receipt of the said product to request an exchange or refund, in the event that the goods delivered do not comply, as defined in the aforementioned article.
In order to exercise one of these rights, it is their responsibility to return the package to the address of the company's headquarters: SAS Jimmy Fairly, 23 rue du Mail, 75002 Paris, accompanied by an explanatory letter requesting either reimbursement or exchange. The shipping costs of the package, in the latter case only, will then be refunded to the customer by check or bank transfer, within a maximum period of thirty days.
Items purchased on this site profit, in addition to the guarantee of hidden defects defined by the Civil Code and the guarantee of good conformity imposed by Article L211-5 of the Consumer Code, which are, where applicable, always applicable to them and which is defined above, a conventional Freeguarantee by the seller, the duration and terms of which will be indicated on the estimate communicated in the form of a summary of the order and in the instructions for use of each item.
The hidden defect being a defect of the thing which, under normal conditions of use, makes it unfit for the intended use and the obligation of conformity being understood as the delivery of the thing contractually agreed, the publisher of this site is not responsible, even within the framework of the conventional guarantee, for normal wear and tear of the products, accidental damage or resulting from abnormal use of the products.
12. Subscription to the Jimmy Fairly Newsletter
By entering a personal email address and postal code or by checking the box provided for this purpose, the Client accepts that Jimmy Fairly may send him, at a frequency and in a shape to be determined by him, a newsletter (newsletter) which may include information relating to its activity.
The Customer will become a subscriber to Jimmy Fairly's email and SMS communications and will be able to unsubscribe by clicking on a link provided for this purpose in each of the newsletters or by sending an SMS to STOP SMS, which is included in each SMS.
13. Sponsorship Program
Jimmy Fairly Company offers its customers a sponsorship program that allows the Customer to credit discounts on their personal space for a future order.
Sponsorship allows the sponsor to give a 10 euro discount to his network of relatives when they place their first order and to obtain in return 10 euros on their sponsorship credit.
The sponsor will be able to use this sponsorship credit on his next orders in all Jimmy Fairly stores or on the jimmyfairly.com website.
A sponsor will be able to sponsor up to 7 sponsorees over a sliding 6-month period and thus obtain up to 70 euros of sponsorship credit on his personal account. The sponsor is limited to 70 euros per order. The sponsor must be an active customer of the Jimmy Fairly Company, he will have received his sponsorship code by email after his first order in Jimmy Fairly shops or on the website. This code cannot be communicated publicly on any media such as on the Internet (discount site, affiliation site, forums, etc.), with the exception of social networks such as SnapChat, Facebook, Twitter or Instagram. Any code communicated in a public way, outside the authorized networks, will lead to the deletion of the Customer account and its sponsorship credits.
In order for the sponsorship to be taken into account, it is imperative that the Customer enters the sponsorship code when placing the order. The Customer can only benefit from one sponsorship for an order. Not all sponsorship offers can be combined with other commercial offers at Jimmy Fairly.
Jimmy Fairly declines all responsibility in case of:
temporary impossibility of access to "jimmyfairly.com" (and/or the sites linked to it) due in particular to:
- technical maintenance operations or updating of published information
- technical problems, regardless of their origin and provenance, and in particular in the event of destruction of equipment, computer attack or hacking, deprivation, deletion or banning
temporary or permanent impossibility - including breakdowns or unavailability inherent to hosting servers - of access to the Internet network
direct or indirect damage caused to the user, of whatever nature, resulting from the content, access, or use of "jimmyfairly.com" (and/or the sites linked to it), as well as the impossibility of using "jimmyfairly.com" (and/or the sites linked to it)
abnormal use or illicit exploitation of " jimmyfairly.com ". The user of "jimmyfairly.com" is then solely responsible for any damage caused to third parties and for the consequences of any claims or actions that may result. The user also renounces any recourse against the Jimmy Fairly company in the case of legal action taken by a third party against him/her due to the illicit use and/or exploitation of the site.
Jimmy Fairly reserves the right to take legal action against any person who has not complied with the provisions relating to Articles 323-1 to 323-7 of the Criminal Code, and in particular who has fraudulently accessed all or part of an automated data processing system of "jimmyfairly.com".
15. Editorial content and other services made available
Users who may have access to softwares published by third parties (including Google Maps published by Google), via the site "jimmyfairly.com", use them under their sole responsibility. Each Google Maps user declares that they have previously accepted the terms and conditions of use of Google and Google Maps.
Consequently, Jimmy Fairly, nor any of its partners or employees, may not be held liable for any damage of any kind whatsoever in respect of the information and services offered on the site.
Jimmy Fairly does not guarantee the completeness, accuracy, updating and exhaustiveness of the information and services provided, Jimmy Fairly does everything possible to offer users quality content.
The use of the information and services offered on "jimmyfairly.com" is under the sole responsibility of the user, who remains solely responsible for the commitments he enters into.
Articles and practical information relating to Jimmy Fairly's field of activity are made available to users on "jimmyfairly.com", for information purposes only, for documentary purposes. They are in no way an alternative to consulting a professional in the sector concerned.
Jimmy Fairly cannot be held liable for any damage of any kind whatsoever resulting from the use of this software and associated services.
16. Hypertext Links
16.1. Links from "jimmyfairly.com"
"jimmyfairly.com" may contain hypertext links to sites operated by third parties. These links are provided for information purposes only. Jimmy Fairly has no control over these sites and declines all responsibility for the access, content or use of these sites, as well as for any damage that may result from consulting the information on these sites. The decision to activate these links is the full responsibility of the user.
16.2. Links to "jimmyfairly.com"
No hypertext links may be created to "jimmyfairly.com" without the prior express consent of Jimmy Fairly.
If a user or a legal entity wishes to create a hypertext link to "jimmyfairly.com" from its website, it must first contact Jimmy Fairly at the address mentioned in point 3. The admissibility or otherwise of such a request will be forwarded to the person concerned.
17. Information and Freedoms
The JIMMY FAIRLY company, as well as the brand and all illustrations, images and logotypes and any content appearing on the jimmyfairly.com Site (including but not limited to the General Conditions of Use and these General Conditions of Sale) are and will remain the exclusive property of JIMMY FAIRLY or the holder of the intellectual property rights concerned. The Client therefore acknowledges that, in the absence of authorisation, any total or partial copy and any distribution or exploitation of one or more of these elements, even if modified, will be liable to give rise to legal proceedings brought against him by the Company Jimmy Fairly.
This protection will cover all textual and graphic content of this site, but also its structure, name and graphic charter.
18. Intellectual Property
18.1. Copyright and related rights
All the elements constituting "jimmyfairly.com" (texts, graphics, software, photographs, images, sounds, plans, names, logos, brands, creations and various protectable works, databases, etc...) as well as the site itself, are subject to French and international legislation on copyright and related rights, in particular articles L.122-4 and L.122-5 of the Intellectual Property Code. These elements are the exclusive property of the Jimmy Fairly company, except for the elements made by people outside "jimmyfairly.com" who have not transferred their copyrights or related rights.
Consequently, the user of "jimmyfairly.com" undertakes in particular not to:
Use or query "jimmyfairly.com" for the account or benefit of others,
reproduce in small or large numbers, for commercial or non-commercial purposes, creations, information, or photographs on "jimmyfairly.com",
Integrate all or part of the content of "jimmyfairly.com" into a third party site, for commercial or non-commercial purposes,
use a robot, in particular a spider, a search or retrieval application or any other means to retrieve or index all or part of the content of "jimmyfairly.com", unless expressly authorized in advance by Jimmy Fairly,
Copy the information onto media of any kind allowing to reconstitute all or part of the original files.
Any unauthorized use, reproduction, representation or adaptation of a page or an element of original form of "jimmyfairly.com" is constitutive of a counterfeit engaging the civil and penal responsibility of its author. It can also lead to a violation of image rights, personal rights or any other rights and regulations in force.
Jimmy Fairly reserves the right to exercise all legal remedies against persons who have not respected the prohibitions contained in this article.
18.2. Rights of the database producer
Jimmy Fairly is the producer of the database set up by "jimmyfairly.com", within the meaning of Article L 341-1 et seq. of the Intellectual Property Code. Any extraction or use of the content of the database not expressly authorized may engage the civil and/or criminal liability of its author. Jimmy Fairly reserves the right to take any legal action against persons who have not respected this prohibition.
18.3. Trademark rights
The name and logo "Jimmy Fairly" are a registered trademark, owned by Jimmy Fairly. Any use of this brand - and any other brand owned by Jimmy Fairly as a result of its activity - not expressly authorized may result in civil and/or criminal liability of its author. Jimmy Fairly reserves the right to exercise all legal remedies against persons who violate its rights.
19. Protection of personal data
In accordance with the General Regulations for the Protection of EU Data 2016/679 of 27 April 2016 and the Data Protection Act of 6 January 1978, as amended, any person concerned by the processing of personal data has the right of access to his data, the right to object to the use of his data, the right to rectify, delete and the right to portability of his data.
It also has the right to limit the processing of its data, not to be the subject of a decision based on automated processing, to bring an action before the Commission Nationale de l'Informatique et des Libertés and to give instructions on the fate of its data after its death.
Jimmy Fairly has appointed a Data Protection Officer at the CNIL, who you can contact by email at email@example.com or by post at the following address:
23, rue du Mail, 75002 Paris.
You will specify "Jimmy Fairly" in the subject line of your request.
To learn more about the processing of your data and the cookies placed on the site by Jimmy Fairly, please see our :
Data protection policy
20. Applicable law and jurisdiction clause
The fact that Jimmy Fairly does not avail itself at a given time of one of the provisions of these General Conditions of Sale and Use cannot be interpreted as a waiver of the right to avail itself of them at a later date.
Any disputes that may arise regarding the validity, interpretation, acceptance and execution of this agreement, regardless of the place of subscription or payment, will be the subject of an attempt at an amicable settlement that the parties undertake to seek. If this is not achieved within one (1) month of written notification of such a dispute, the courts of Paris shall have sole jurisdiction even in the event of a guarantee call or multiple defendants, for emergency or protective proceedings, in summary proceedings or by application.
These General Terms and Conditions of Sale and Use are subject to French law, which determines, on a case-by-case basis, the applicable law. In the absence of any mandatory provision to the contrary or in the presence of a choice in determining the applicable law, French law shall apply.
21. Right of withdrawal
If one of the clauses of these general terms and conditions is declared null and void by a court decision, this nullity shall not entail the nullity of all the other clauses, which shall continue to have effect.
The fact that the publisher does not avail himself temporarily or permanently of one or more clauses of these general terms and conditions shall in no case entail a waiver of his right to avail himself of the rest of the general terms and conditions.