PREAMBLE

These general terms and conditions of sale (hereinafter referred to as the “GTCS”)  apply to all purchases made by a natural person with consumer status (hereinafter referred to as the “Customer”), on the Internet site: www.jk-boston.com (hereinafter referred to as the “Site”) from the company SAS Eurocom (hereinafter referred to as the “Seller”).

ARTICLE 1: DEFINITIONS

The terms used hereinafter have the following meanings in these GCS:

“Customer” refers to the Vendor’s co-contractor, who warrants that he/she is a consumer. As such, it is expressly stipulated that the Customer is a natural person acting for purposes which do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity.

“GTC”: refers to these general terms and conditions of sale, which apply to any purchase made by an individual with consumer status on the Site from the Vendor.

“Order”: refers to the purchase of Products by a Customer on the Site, all Orders being made with an obligation to purchase.

“Account”: refers to the space dedicated to the Customer and associated with all the data supplied by the Customer. Access to the Account is via the Customer’s Identifiers.

“Identifiers”: refers to the e-mail address provided during registration and the password chosen by the Customer, which are required to access the Customer’s Account on the Site.

“Delivery”: refers to the first presentation of the Products ordered by the Customer at the delivery address indicated in the Order.

“Products”: refers to the customizable footwear offered for sale on the Site, for which the customer may choose a set of characteristics including, in particular, the shape, color and material.

“Site”: refers to this Internet Site, www.jk-boston.com.

“Territory”: refers to Metropolitan France, Corsica, Monaco and Belgium.

“Vendor”: refers to the company EURO INVEST.

ARTICLE 2: ACKNOWLEDGEMENT AND ACCEPTANCE OF THE CGV

These General Terms and Conditions of Sale may be consulted on the Vendor’s website at the following URL address: https://jk-boston.com/conditions-generales-de-vente-et-dutilisation/

The GTCS constitute the legal basis for contracts concluded between the Customer and the Vendor.

Any Order placed on the Site necessarily implies the Customer’s unreserved acceptance of these GTS, and the Customer consents to the use of electronic means to inform the Customer of pre-contractual and contractual information, as well as the Customer’s rights.

By clicking on the “Add to basket” button to place the Order, then on the second “Confirm order” button to confirm said Order, and by ticking the box provided for this purpose, the Customer acknowledges having read, understood and accepted the GCS without limitation or condition.

ARTICLE 3: OFFER AND PRODUCT

The Vendor offers for sale Products which he has designed and which can be personalized by the Customer, in particular by choosing the type of leather, the color, the materials, the sole and the laces.

Placement of the order and receipt of the order confirmation e-mail initiate production of the Products in the Vendor’s workshops.

ARTICLE 4: ORDERS

The Customer chooses the characteristics of his Product, his Production mode (Fast Lane or classic, see Article 7) and validates his Order.

All Orders are subject to acceptance by the Vendor. The Vendor is entitled at any time to check an Order in advance and/or to refuse to accept an Order without giving reasons and without liability to the Customer or any third party.

The Seller may, at its own discretion, choose not to accept the Customer’s order. Examples of refusal of an order by the Seller may be as follows:

• If the Seller does not obtain authorization for payment;
• If shipping restrictions apply to a Product;
• If the Product(s) displayed on the Platform contain an obvious error, such as an incorrect price or an inaccurate description or illustration;
• If the Seller is unable to process the Order for technical reasons;

In the event that the Seller does not accept (part of) the Order, the Seller will cancel (part of) the Order without any liability to the Customer or any third party.

After cancellation, the Seller will naturally refund the amount paid by the Customer for the (part of the) cancelled order.

After the order has been placed, the Vendor will send the Customer an acknowledgement e-mail with the order number and details of the Products purchased, as well as details of any delivery service.

ARTICLE 5: PRICES

For all Products, the Customer will find on the Site prices displayed in euros exclusive of tax (HT).

The price of Products including all taxes (TTC) and delivery charges will be defined according to the place of delivery and/or invoicing.

In particular, prices inclusive of all taxes include Value Added Tax (VAT) at the rate applicable on the date of the Order.

The applicable VAT rate is expressed as a percentage of the value of the Product sold.

The Customer is informed that the prices indicated on the Site are subject to change, which the Customer accepts. They may also be modified in the event of special offers or sales. The Customer must therefore check the price in force at the time of the Order, which is indicated when the Product is placed in the Customer’s basket.

The applicable price is that indicated on the Site on the date the Order is placed by the Customer.

The total amount for the Order may be verified by the Customer at the time of Order confirmation, prior to payment.

For deliveries outside the territory of the European Union, customs taxes and formalities are, unless otherwise indicated, the exclusive responsibility of the Customer, who undertakes to check the possibility of importing the products into the country of delivery.

ARTICLE 6: PAYMENT

We accept Carte Bleue, Visa, Mastercard and American Express.
The account is debited 5 to 6 days after registration of the bank transaction.
In the event of refusal of the Order by the Vendor as set out in article 4, the amount of the cancelled Product(s) will either be deducted from the total amount debited or credited back to the Customer’s account within 3 working days of the debit of the amount including the cancelled Product(s). Product(s).
ARTICLE 7: PRODUCTION
All shoes ordered from the Vendor are custom-made according to the specifications requested by the Customer at the time of the Order.
Product manufacture may take a variable amount of time depending on the Customer’s choice (excluding transport):

• Fast Lane, where Products are manufactured in approximately 1 to 2 weeks.
• The Classic Lane, where Products are manufactured in approximately 3 to 4 weeks.
  The Seller shall not be liable for any damage or economic loss caused by manufacturing delays or late deliveries.
  In this respect, the Seller shall not be liable to pay any compensation or reduction.
  ARTICLE 8 – DELIVERY TERMS AND CONDITIONS
  The Products purchased on the Site and forming the subject of the Order are delivered to the address communicated by the Customer prior to registration of the Order.
  Products will be delivered by a service provider to the address indicated only in the countries specified in the drop-down list when the order is placed.
  The delivery times indicated on the site are indicative times, regardless of the chosen method of Production, corresponding to the average processing and delivery times observed, excluding holiday periods and cases of force majeure.
  The Vendor cannot be held responsible for the consequences of late delivery. In all cases, if the parcel is returned to the sender, a second delivery will be made at the Customer’s expense. If the parcel is again returned to sender, it will no longer be returned to the Customer and the amount corresponding to this Order, including any additional delivery charges, will remain the property of the Vendor.

ARTICLE 9 – RIGHT OF WITHDRAWAL

The Vendor manufactures all Products on a made-to-measure basis, so that the right of withdrawal cannot be applied in accordance with the provisions of article L.121-20 of the French Consumer Code.

In particular, withdrawal is excluded (article 121-20-2 3rd paragraph) for orders “for the supply of goods made to the consumer’s specifications or clearly personalized”.

By accepting these terms and conditions, the customer accepts and acknowledges the loss of his or her right of withdrawal.

Thus, orders for products personalized in any way whatsoever cannot be cancelled, and such products cannot be returned for reimbursement.

ARTICLE 10 – DELIVERY PROBLEMS
The Customer must notify the Vendor by e-mail at [email protected] of any reservations regarding the delivered package (e.g. damaged, already opened, damaged or dirty shoes) within 2 days of receipt of the Order.
If the Product is found to be defective, the Vendor may ask the customer to return the Product for analysis and possible repair. The Vendor will repair or replace the defective Product. In any event, the Vendor’s liability is limited to the reimbursement of the value of the Order.

ARTICLE 11 – WARRANTIES

The Vendor shall use its best endeavours to ensure that the Products are as faithful as possible to the Customer’s specifications.

The Vendor makes every effort to accurately display the colors of the Products on the Site, but the actual colors depend on the screen and its adjustments. The Seller cannot guarantee that the colors displayed on the Customer’s screen are identical to the color of the Product at the time of delivery and/or receipt.

Differences cannot be interpreted as defects of conformity and lead to the cancellation of the sale, except in cases where the differences relate to an essential characteristic of the Product and affect its quality.

The Vendor is subject to an obligation of means in the process of issuing the Quotation, ordering, delivery and subsequent services.

The Vendor’s liability shall not exceed the total amount paid by the Customer for the Order in question.

ARTICLE 12 – INTELLECTUAL PROPERTY
All elements of the Site, whether visual or audio, including the underlying technology, are the exclusive property of the Vendor. The JK BOSTON trademark is a registered trademark and any reproduction of the trademark without the Vendor’s consent constitutes an act of counterfeiting.
Internet users who have a personal website and wish to place, for personal use, on their site a simple link referring directly to the Site, must request prior authorization. This will not constitute an implicit affiliation agreement.
On the other hand, any hypertext link to the Site using framing, deep-linking, in-line linking or any other deep-linking technique is strictly prohibited.

In all cases, any link, even if tacitly authorized, must be withdrawn at the Vendor’s request.

ARTICLE 13 – PRIVACY POLICY AND COOKIES POLICY

The Seller will process Customer data collected for the proper performance of these general terms and conditions in full compliance with the legal obligations regarding the protection of personal data provided for by Regulation (EU) 2016/679, as well as by Legislative Decree no. 196 of June 30, 2003, as adapted to the European Regulation by Legislative Decree no. 101 of August 10, 2018.

For everything concerning the complete privacy policy and information, refer to the section dedicated to the privacy policy.

Cookies are used on the website. A cookie is a small file that is stored by the computer when a website is visited by a user. The text stores information that the site is able to read when it is subsequently consulted. Through the use of cookies, the Vendor aims to offer its customers a shopping experience tailored as far as possible to their tastes and preferences.

ARTICLE 14 – FORCE MAJEURE

The Seller shall not be liable for any failure or delay in performance under this contract if such failure or delay is caused by acts of God, fire, storm, strikes, pandemics, power failures, labor difficulties, riots, inability to obtain materials, equipment, labor or transportation, governmental restrictions or any other event beyond the reasonable control of the Seller.
In the event of shortage of raw materials or other supplies, Seller may allocate materials and supplies among its purchasers in such manner as Seller may determine in its sole discretion, and shall have no liability to Purchaser for any delay or cancellation on Purchaser’s account.

ARTICLE 15 – SEVERABILITY OF CLAUSES
If one or more of the stipulations of these GTC are held to be invalid or declared as such in application of a law, regulation or following a final decision of a competent court, the other stipulations shall retain all their force and scope.

ARTICLE 16 – APPLICABLE LAW AND JURISDICTION

The present contract is governed by French law.

In the event that the customer is not a consumer or non-professional, any dispute relating to the formation, conclusion, validity, interpretation, performance or termination of the present contract shall fall within the exclusive jurisdiction of the Commercial Court of Paris, notwithstanding multiple defendants or the introduction of third parties.