Terms and Conditions Of Sale
Les présentes conditions générales de vente régissent les rapports entre, d’une part, SKIMLAB, société par actions simplifiées au capital de 17250€, immatriculée au Greffe du Tribunal de Commerce de Strasbourg, et dont le siège social est sis 8, avenue Dante, 67000 STRASBOURG, France, TVA Intracommunautaire n° FR26 793 191 347 ci-après dénommée " SKIMLAB " et d'autre part, toute personne physique ou morale souhaitant procéder à distance à un achat par l’intermédiaire du site internet de JWEEL édité par SKIMLAB « http:// www.jweel.com », dénommée ci-après le « CLIENT ».
The parties agree that orders made to SKIMLAB via the Internet will be governed exclusively by these general terms and conditions. SKIMLAB reserves the possibility of modifying its general terms and conditions at any time. In this case, the terms and conditions applicable will be those in force upon the date the order was made by the CUSTOMER. These general terms and conditions prevail over any other general or specific conditions to which SKIMLAB has not expressly agreed.
Those terms and conditions are translated in French (Français) and English. In case of differences between the different version, the French version will be considered the only one to be binding.
SKIMLAB will order i.materialise a concrete object , a service provided by Materialise NV (herafter \"MATERIALISE\"). Materialise NV is a belgian company. Its offices are located at 3001 Heverlee, Technologielaan 15, under number 441.131.254, VAT number BE 0441.131.254.
Characteristics of the goods and services proposed
SKIMLAB proposes through JWEEL a personalised piece of jewelry creaction service and on demand manufacturing using 3D printing. Based on the 3D object made by the CUSTOMER using tools on JWEEL site, SKIMLAB will order MATERIALISE a tangible object : jewelery pieces, buttons, (hereinafter referred to as the “OBJECT”); and deliver it to the CUSTOMER.
The 3D OBJECTS printed by MATERIALISE following SKIMLAB orders, and sold by SKIMLAB to the CUSTOMER, are solely intended for decoration or pleasure. The OBJECTS do not have any utilitarian or functional purpose. SKIMLAB reserves the right to refuse any order of OBJECTS causing an offense to public order or good practices, as well as any OBJECT clearly infringing a third party intellectual right. In particular, this list not being exhaustive, firearms, objects presenting racist, pornographic, violent content without being a piece of art, as well as any mark, brandname, figure clearly infringing any third party intellectual property right will be refused. SKIMLAB is solely responsible for judging if an OBJECT comply with the provision in this article. In the event that the CUSTOMER think that his OBJECT has been refused even if it complies with this article, he is invited to contact SKIMLAB to explain his case.
The prices of the OBJECTS shown on the catalogue published on the website “http:// www.jweel.com”, as well as the prices indicated for personalised orders, are given in Euros, including tax. Postage and packing costs could be added if not offered by SKIMLAB. The VAT amount, as well as postage and packing costs, will be indicated on the invoice.
Toutes les commandes sont payables en euros quel que soit le pays où est effectuée la commande. SKIMLAB se réserve le droit de modifier ses prix à tout moment. Les OBJETS seront facturés sur la base des tarifs en vigueur au moment de la validation de la commande par SIMLAB telle que prévue à la section Validation de la commande des présentes conditions générales de vente.
For orders and deliveries made outside of the French territory, but within the European Union, the provisions set out in the French General Tax Code (“Code général des impôts”) with regard to VAT are applicable.
For any delivery outside of EU territory, customs duties and formalities will, unless indication is given to the contrary on the order form, be covered exclusively by the CUSTOMER, who undertakes to verify the possibility of importing the products to the delivery country.
Le CLIENT, qui souhaite acheter un OBJET disponible sur le catalogue du site « http://www.jweel.com », ou qui souhaite faire fabriquer un OBJET selon un modèle dessiné par ses soins au moyen des outils JWEEL doit obligatoirement :
- fill out the identification sheet on which they indicate all the requested contact details;
- fill out the online order form, giving all OBJECT references (catalogue reference, size reference, etc.);
- validate their order after checking that their invoicing address and delivery address are correct;
- make payment in accordance with the established conditions;
- confirm their order and payment.
Confirmation of the order implies acceptance of these general terms and conditions, recognition that the CUSTOMER is fully aware of these and renunciation by the CUSTOMER of the use of their own purchase conditions or any other conditions.
The CUSTOMER’s “click” on the “validate” button when making the order constitutes an electronic signature between the parties and has the same value as a written signature.
Validaing of the order
A confirmation email summarising the order (description of the OBJECT, price, manufacturing date, delivery date, etc.) will be sent to the CUSTOMER by SKIMLAB.
The OBJECT sales contract is concluded when SKIMLAB, after having had the possibility of checking the detail of the order and its total price, as well as correcting any errors, has confirmed it. SKIMLAB reserves the right to reject the order and reimburse the CUSTOMER. Reimbursement is made by any means of payment within a 15 day timeframe.
SKIMLAB will send an email confirming its acceptance of the order.
Data recorded and kept by SKIMLAB constitutes proof of all transactions carried out between SKIMLAB and its CUSTOMERS.
Availability of objects
In the event materials and/or machines used in the manufacture of OBJECTS are unavailable:
- Permanent unavailability: SKIMLAB undertakes to offer OBJECTS with similar characteristics or to refund the missing OBJECTS within 30 days in accordance with the French consumer code (article L121-20-3).
- Temporary unavailability: SKIMLAB will inform the CUSTOMER about re-availability deadlines. The CLIENT can choose to maintain the order with these new deadlines or to cancel it. In that case, SKIMLAB will offer to refund the missing OBJECT without delay and no later than 30 days in accordance with the French consumer code (article L121-20-3).
SKIMLAB reserves the right to suspend the OBJECT personalisation service JWEEL at any time for a duration determined by SKIMLAB.
SKIMLAB will endeavour to ensure that its French deliveries take place within the time periods set out in the email confirming the order and deliveries abroad as soon as possible following receipt of payment for the order. The timeframes indicated upon validation of the order are average usual timeframes and correspond to the time required for handling and delivery.
SKIMLAB undertakes to inform the CUSTOMER of any foreseen delays in delivery.
The OBJECTS will be delivered to the address indicated by the CUSTOMER on the order.
Ownership of the OBJECTS, and the associated risks, will be transferred to the CUSTOMER as soon as they take possession of the OBJECTS.
Any irregularity concerning the delivery (damages, OBJECTS missing compared to order delivery, damaged parcel, broken OBJECTS ...) must necessarily be specified in writing on the delivery order,giving sufficient details in the section entitled “Acceptance with Reserves” aimed specifically for this and must be signed by the CLIENT.
To ensure that these reserves are taken into consideration, the CLIENT must also confirm the irregularity to the transporter within three (3) working days following delivery, by means of a registered letter with acknowledgement of receipt specifying the irregularity. The CLIENT must send a copy of this letter by ordinary mail to SKIMLAB.
Cards accepted for payment are: Carte Bleue, MasterCard and Visa.
Payment is made online directly using the secure payment module ondirectement sur le site du Crédit Industriel et Commercial (CIC)’s website for card payments or PayPal (Europe) Ltd for “Paypal account” payments. The bank card number and expiry date are encrypted and transmitted to the CIC or PayPal (Europe) Ltd. Secure services are provided using the SSL encrypting procedure (Secure Socket Layer), with no access granted to SKIMLAB or any third party. In particular, SKIMLAB does not use any technical intermediary for the transmission of payment data. This information will not be reused.
The order amount is debited from the CUSTOMER’s account upon validation of the order by SKIMLAB.
Data recorded and kept by SKIMLAB constitutes proof of the order and of all transactions carried out. Data recorded by the payment system constitutes proof of the financial transactions.
Invoices will be send by e-mail to the CUSTOMER
Right of cancellation
All OBJECTS ordered on the website JWEEL are made to measure. As these are “personalised” products, the right of cancellation can only apply in accordance with the provisions of article L 121-20 of the French Consumer Code. In particular, cancellation is excluded (article 121-20-2, 3rd paragraph) for orders “for the supply of goods made in accordance with customer specifications or clearly personalised”.
Guarantee / Liability
Objects sold on JWEEL by SKIMLAB are manufactured by MATERIALISE in Belgium.
3D OBJECTS ordered on the website JWEEL and printed by MATERIALISE are solely intended for decoration or pleasure. Therefore, SKIMLAB shall not be held liable in case the OBJECTS are used for a purpose other than decoration or pleasure.
SKIMLAB fera ses meilleurs efforts pour que les images 3D figurant dans le catalogue publié sur le site « http://www.jweel.com » soient les plus fidèles possibles à l’OBJET lui-même. Toutefois, eu égard au mode de présentation numérique des OBJETS sur le réseau Internet, il est possible que la perception par le CLIENT de la représentation photographique des OBJETS ne corresponde pas exactement à l’OBJET lui même. Les OBJETS livrés peuvent par conséquent s’avérer parfois légèrement différents de leur présentation sur le site « http:// www.jweel.com ». Les différences peuvent résulter de la qualité couleur des photographies, de la difficulté de faire apparaître sur l’écran le rendu des matières ou encore, sans toutefois être exhaustif, l’adaptation technique. Ces différences ne pourront pas être interprétées comme des défauts de conformité et entraîner l’annulation de la vente hormis les cas dans lesquels les différences portent sur une caractéristique essentielle de l’OBJET et affectent sa qualité.
The OBJECTS benefit from the legal guarantee provided for in articles 1641 and following of the French Civil Code.
SKIMLAB cannot be deemed responsible for consequences inherent to the individual CUSTOMER, such as allergic reactions to the materials used for manufacturing the OBJECT, or if the personalised OBJECT fails to satisfy the CUSTOMER due to his own personal taste.
SKIMLAB may not be held responsible in the event of failure in the stock of primary materials, delay in delivery, strikes (including transport strikes) or force majeure or, in a more general sense, for any event not exclusively and directly attributable to it. This especially includes events of failure due to MATERIALISE unability to manufacture the object.
The illustrations shown on the “http:// www.jweel.com” website are not contractually binding.
CUSTOMERS access, use and navigate the JWEEL website at their own risk.
For all the stages of website access, order processing, delivery or post-delivery services, SKIMLAB is bound only by a best effort undertaking. SKIMLAB may not be held responsible for any inconveniencies or damage inherent to Internet use, in particular service failure, external intrusion, the presence of IT viruses, or any qualified occurrence of force majeure, in accordance with case law.
CUSTOMERS recognise and accept that, within the full scope of the applicable regulations, SKIMLAB cannot be held responsible for direct, indirect, fortuitous damage, or compensation for moral harm, costs, losses, decrease in turnover or profits, or liabilities of any nature which may arise from the use or, on the contrary, impossibility of using, the website or its contents (even if the occurrence of harm in question was known to, or could have been foreseen by SKIMLAB). In any event, SKIMLAB’s liability shall be limited to the total amount paid by the CUSTOMER for their current order.
In accordance with the French law on Information Technology, Files and Freedoms of 6th January 1978, nominative information relating to CUSTOMERS may be the subject of automated handling.
Transmitting information is compulsary for the manufacturing and delivery to ensure minimal shipping delay
CUSTOMERS may object to the divulgation of their contact details by informing SKIMLAB. In the same vein, users have a right to access and rectify data concerning themselves in accordance with the law of 6 January 1978.
The automated handling of data, including the management of website users’ email addresses, was the subject of a declaration submitted to the CNIL (French data protection authority) on 5 January 2010, registered under number 1404840.
Settlement of disputes
The present Terms and Conditions are subject to French law.
The parties will endeavour to resolve any disagreements which may arise between them concerning the interpretation, partial or total execution or non-performance of these general terms and conditions in an amicable fashion.
The CUSTOMER should contact SKIMLAB as a priority in order to obtain an amicable solution.
If the parties cannot come to an agreement, this arbitration clause will be reputed as honoured.
In the absence of an amicable agreement, any dispute will be submitted to the competent court of the place of the defendant’s domicile or, at his discretion, at the delivery place of the OBJECT. Nevertheless, in case the CUSTOMER is considered as a professional, the courts under the jurisdiction of the Court of Appeal of Versailles will be solely competent.
For more information or if you are not entirely satisfied with services provided by SKIMLAB, contact our Customer Service Department:
- by e-mail: contact(at)jweel.com
- Postal address:
8 avenue Dante