CGV

Frequently asked questions

WELCOME

We welcome you to the site www.jubaiswimwear.com (the “Site”).

This document, together with the additional information mentioned on the Site, constitutes the general terms and conditions of sale (the "Terms and Conditions") of the JUBAI brand website (hereinafter referred to as the "Brand"). We invite you to read the Terms and Conditions carefully.

Any online purchase made on the website www.jubaiswimwear.com is subject to prior acknowledgment and acceptance of these general terms and conditions of sale.

DEFINITIONS

Article: products of all kinds offered for sale (e-commerce service) on the Site.
Client: a non-commercial individual placing the Order, and possessing full legal capacity.
Order: commitment to purchase all Items selected by the Customer via the Site's e-commerce service.
Website: website published by JUBAI and accessible at the following address:
www.jubaiswimwear.com

PREAMBLE

These general terms and conditions of sale (hereinafter "GTC") apply exclusively between any Customer and JUBAI, registered under SIRET number 97943688800015 representing its brand JUBAI (hereinafter "JUBAI").
Any internet user can access the Terms and Conditions from any page of the Site.
The General Terms and Conditions apply without restriction or reservation to all Items offered for sale on the Site.
All orders placed on the Site are subject to the prior and unreserved consultation and acceptance by the Customer of these Terms and Conditions and the applicable prices.
Validating an order following the ordering procedure offered on the website constitutes acceptance of these Terms and Conditions.
These Terms and Conditions supersede any other document.

WARNING

The sale of Items on the Site is exclusively reserved for retail sales and to individuals.
Under no circumstances may the Site be used by professional sellers, whether acting alone or as a group, regardless of their sales channel (online marketplaces, shopping malls, intermediaries, physical stores, etc.). The Customer acknowledges and accepts that Items may only be purchased in quantities corresponding to the average needs of a consumer, both in terms of the number of Items ordered in a single order and the number of individual Orders respecting the usual quantity for an average consumer of the same product. JUBAI reserves the right to refuse any order clearly placed by a professional seller.
Every Customer declares to be aware of the unreliability of the Internet network, especially in terms of relative security in data transmission, no guaranteed continuity of access to the Site, no guaranteed performance in terms of volume and speed of data transmission and propagation of viruses.
JUBAI warns each Customer of the need to implement within their computer or portable or mobile equipment a solution and security measures to prevent the spread of viruses.
The terms and conditions may be subject to change; the applicable conditions are those in effect on the Site on the date your order is placed.
The handling of a defective or non-compliant item (replacement or refund) or the exercise of a right of withdrawal cannot be done directly in the physical stores of the JUBAI brand.
It is mandatory to go through the Site for all complaints about Items purchased online on the Site.
Similarly, an item purchased from one of JUBAI's stores cannot be processed through the Site's services.

ITEM FEATURES

The items available for sale are those listed on the Site. Offers are valid as long as they are visible on the Site.
They are offered subject to availability as displayed on the Site.
JUBAI reserves the right to withdraw from sale, at any time, any item present on the Site and/or to replace or modify any information associated with the items appearing on this Site.
In the event that an item is unavailable after an order has been placed, the customer is informed by email, and their order is then automatically cancelled.
The characteristics of the items sold on the Site (photographs, graphics and descriptions of the items, etc.) are given for information purposes only and may vary over time. They are not contractual.
The Customer should only consider the image of the item displayed at the time of ordering.
In the event of errors or omissions relating to the description of an item, JUBAI's liability is limited to the reimbursement of reasonable return shipping costs incurred by the Customer.

ORDERS FOR ITEMS

All orders require the Client to register or identify themselves via their Client Account.
The Buyer declares (i) to be at least 18 years of age and to have the legal capacity to enter into this agreement under these Terms and Conditions, or (ii) to be a minor with authorization from their legal guardian. The Seller reserves the right to request proof of identity at any time to verify the Buyer's age and/or the aforementioned authorization from the legal guardian.
The Buyer can select the Products of their choice by adding them to the shopping cart and then clicking on the shopping cart to view its contents. The shopping cart contains all the order details, including the total amount including shipping costs, the type of Products ordered, and their quantity. If the Buyer wishes to select other Products, they can continue browsing the Site, knowing that the Product(s) they have just selected are saved in their shopping cart.

To place an order, the Customer must follow the online purchase process and click on "Order" to submit the order.
Payment of the order constitutes acceptance of these Terms and Conditions, the price of the Items and the contents of the order.
A new page will then open, inviting the Buyer to:
- enter their username (email address) and password if the Buyer is already registered on the Site;
- or accurately complete a personal data collection form by filling in the required fields
After payment is validated, JUBAI sends the Customer an email confirming their Order.
All Orders are subject to prior acceptance by JUBAI and are only definitively confirmed after the Customer receives an email confirming the shipment of the Item(s).
If the Customer does not receive any email following their Order, it is up to them to contact JUBAI customer service by email via the contact form located on the "Contact" page of the website.
JUBAI cannot be held responsible in any way for any input error or transmission error that prevents the delivery of the confirmation email and/or the items.
The Customer is advised to print the order confirmation email.
For any questions relating to the tracking of an Order, the Customer must contact customer service by email by filling out the contact form located on the "contact" page of the site, making sure to explicitly specify the number of their order.

PRICES OF ITEMS

Prices are shown on the Site in euros, excluding VAT: VAT not applicable (Art. 293B of the C.G.I. ), excluding participation in processing and shipping costs.
They take into account any discounts that may apply on the day of the order.
Any new taxes or contributions, particularly environmental ones, are likely to be passed on to the selling price of the items.
Product prices do not include delivery charges (shipping, packaging and preparation of the parcel according to the applicable rates).
The shipping costs are specified on the Site before the Order is validated.
JUBAI reserves the right to change the prices of items at any time, with items being billed based on the rates in effect at the time of validation of each order.
The price of the items invoiced is therefore the one indicated at the time of the order.
THE ITEMS REMAIN THE SOLE PROPERTY OF JUBAI UNTIL FULL PAYMENT OF THE PRICE, WHICH THE CUSTOMER ACKNOWLEDGES AND ACCEPTS.

PAYMENT OF ORDER

The amount due by the Buyer is the amount indicated on the order confirmation as displayed on the dedicated webpage and subsequently sent by email from the Seller to the Buyer. The Buyer will have a choice of payment methods when validating their order, as described above. The Website uses a secure payment module for entering payment data. This data is secured by a solution that provides highly secure pages for entering payment information: card number, expiry date, and security code.
This platform encrypts and then transmits this payment data to the bank, in complete confidentiality and making it inaccessible to any third party.
Payment for purchases on the website jubaiswimwear.com Payment can be made at the Buyer's discretion either by bank card: Visa, Eurocard/MasterCard, Carte Bleue, or by Paypal (with or without a Paypal account)
to the exclusion of any other payment method. The Customer is informed by email, once the Order has been shipped, that their invoice, including delivery charges, is accessible online in their customer account.

DELIVERY CONDITIONS

Items are delivered worldwide.
The customer is offered several delivery options, chosen by the customer and at the customer's expense. Once the order is prepared, it will be shipped to the postal address provided by the buyer when placing their order.
Thanks to the shipping number, the Customer can track the progress of their package on the website of the carrier chosen by the Customer.
The Customer will receive an order number by email confirming that their order has been successfully processed. The Customer will be kept informed of the various stages of their order by email.
The ordered items will be delivered within a maximum of 30 days from the date the order is registered, provided that full payment has been received. After this period, you have an additional 15 days to contact us to find a solution.
The Customer is informed that it is his responsibility to provide exactly all the details necessary for the proper routing of his Order and for perfect delivery (Access code, access specification for example).
Shipments are announced to the Customer by email, to the email address provided by the Customer. The Customer must therefore provide a valid email address if they wish to be informed of the progress of their order.
If the delivery address provided by the Customer is not valid and therefore results in the package being returned for non-receipt at the address provided, the costs of reshipping the package to the new address provided will be borne by the Customer.
The Customer assumes full and exclusive responsibility for the risks relating to the items from the moment of their delivery.

DELIVERY TIMES

The items are delivered to the delivery address indicated by the Customer when ordering, at the latest by the date indicated when ordering, depending on the country of delivery.
In Guadeloupe and Metropolitan France, JUBAI makes its best efforts to deliver the order within a maximum of 15 days and undertakes to ship the order within 3 (three) working days from the order date.
In the event of a delivery delay of more than 14 working days compared to the maximum time mentioned above, the Customer may contact JUBAI by email to request the cancellation of their Order within 60 working days.
The contract and therefore the sale will be considered terminated upon receipt by JUBAI of the email or letter by which the Client informs it of their decision, unless delivery has taken place between the sending and receipt of the Client's email or letter.
In the event that the order is definitively cancelled, the Customer will obtain a refund of the price paid for their Order within 30 days of the cancellation confirmed by email.
In the event that the Customer receives the package after the cancellation of their Order, JUBAI will proceed with the refund of the items and the return costs, upon receipt of all of them in their perfect original condition.
Each delivery is deemed to have been made upon the parcel being made available to the Customer, in particular by the carrier, as evidenced by the control system used by the carrier.
If the package is damaged or the item does not match the Customer's Order, the Customer must contact customer service directly by email to obtain a return agreement within 7 days of receipt.
If, for the same Order, the delivery dates of several items differ, the delivery date is based on the date furthest from the order date.

RETURNS

If an item is delivered that does not match the Customer's Order, is defective due to shipping, or does not meet the Customer's requirements, the Customer may return the item to JUBAI. The return shipping costs will be borne by the Customer.
The Customer must return the non-conforming Item to obtain a refund of the price of their Order.
To be eligible for a refund:
The Customer must contact JUBAI no later than 14 days after the day of delivery of the order.
Any claim made after this period will not be accepted and JUBAI will be released from all liability.
If the conditions for exchange or refund are met, JUBAI will send a return validation to the Customer.
The Customer may then return, within 14 days of receiving the package, their non-conforming Item(s), in the original packaging of the Item(s), by tracked mail.
Items must be returned in their new condition: The product(s) must be returned complete - with all accessories - unworn, unwashed, unaltered, and must not show any marks, odor or hair.
In their original, undamaged packaging, with the tag still attached. The Buyer is advised that, for hygiene reasons, returned swimsuits must be tried on over clean underwear.
Returns and exchanges are not possible on sale items.
Any non-compliant return will be rejected and JUBAI will be released from all liability.
JUBAI will only reimburse return shipping costs if the item delivered is different from the one ordered.

DELIVERY TIMES

The items are delivered to the delivery address indicated by the Customer when ordering, at the latest by the date indicated when ordering, depending on the country of delivery.
In Guadeloupe and Metropolitan France, JUBAI makes its best efforts to deliver the order within a maximum of 15 days and undertakes to ship the order within 3 (three) working days from the order date.
In the event of a delivery delay of more than 14 working days compared to the maximum time mentioned above, the Customer may contact JUBAI by email to request the cancellation of their Order within 60 working days.
The contract and therefore the sale will be considered terminated upon receipt by JUBAI of the email or letter by which the Client informs it of their decision, unless delivery has taken place between the sending and receipt of the Client's email or letter.
In the event that the order is definitively cancelled, the Customer will obtain a refund of the price paid for their Order within 30 days of the cancellation confirmed by email.
In the event that the Customer receives the package after the cancellation of their Order, JUBAI will proceed with the refund of the items and the return costs, upon receipt of all of them in their perfect original condition.
Each delivery is deemed to have been made upon the parcel being made available to the Customer, in particular by the carrier, as evidenced by the control system used by the carrier.
If the package is damaged or the item does not match the Customer's Order, the Customer must contact customer service directly by email to obtain a return agreement within 7 days of receipt.
If, for the same Order, the delivery dates of several items differ, the delivery date is based on the date furthest from the order date.

RIGHT OF WITHDRAWAL

The Buyer reserves the right to return the ordered product(s) if they are not suitable or as part of exercising their right of withdrawal under the conditions defined in Article 7, Right of Withdrawal, of these Terms and Conditions.
The Buyer has a period of fourteen (14) days, from the day of delivery of the order, to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception of the return costs which are his responsibility.
Download your cancellation form.
The Seller undertakes to reimburse the Buyer for all sums paid. The reimbursement will be made to the bank card account debited at the time of the order, within a maximum period of fourteen (14) days after the Buyer exercises their right of withdrawal, subject to compliance with the conditions mentioned above.
All returns must be shipped to the following address:
22 lot San Francisco Garden, 97118, Saint-Francois, Guadeloupe.
These items must be returned properly protected, in their original packaging (carefully opened packaging will not be considered damaged packaging) and in perfect condition for resale (not damaged, not used or soiled by the Customer).
JUBAI therefore advises the Customer to try on the products in their order while keeping underwear underneath.
Once the return has been validated, JUBAI undertakes to reimburse the Customer for all sums paid, excluding shipping costs, for their Order, as soon as possible and, at the latest within thirty days following the date on which this right was exercised, to the Customer's bank account used for the payment of the items.
Under the right of withdrawal, the costs and risks associated with the return remain the responsibility of the Customer.

CUSTOMER SERVICE

For any information or questions, for order tracking, to exercise the right of withdrawal or to invoke the guarantee, the Customer must contact customer service by email by filling out the contact form located on the contact page of the site.

GUARANTEES

The items are guaranteed against defects in conformity and hidden defects under the conditions set out in Articles 1641 to 1649 of the Civil Code and L 211-1 et seq. of the Consumer Code, from the date of delivery:
- Article 1641 of the Civil Code: the seller is bound by the warranty against hidden defects in the thing sold which render it unfit for the use for which it is intended, or which diminish this use to such an extent that the buyer would not have acquired it, or would have given only a lower price, if he had known of them.
- Article 1648 paragraph 1 of the Civil Code: the action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
- Article L 211-4 of the Consumer Code: the seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when the latter was the seller's responsibility under the contract or was carried out under the seller's supervision.
- Article L211-5 of the Consumer Code: to be compliant with the contract, the goods must:
1/ Be fit for the purpose for which goods of the same type are normally used and, where applicable:
- correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
- to present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or their representative, particularly in advertising or labelling;
2/ Or present the characteristics defined by mutual agreement between the parties or be suitable for any special purpose sought by the buyer, brought to the attention of the seller and which the latter has accepted.
- Article L 211-12 of the Consumer Code: the action resulting from the lack of conformity is time-barred after two years from the delivery of the goods.
This guarantee allows the Customer to return defective or non-compliant delivered items for a refund under the conditions mentioned above.

CONVENTION ON EVIDENCE

The Customer acknowledges and accepts that the Order recording systems constitute proof of all transactions between JUBAI and the Customer.
The Customer acknowledges and accepts that proof of acceptance of the General Terms and Conditions of Sale is constituted by ticking the box - I have read and I accept the general terms and conditions of sale.
To this end, the Client acknowledges and accepts that the computerized data stored within JUBAI's computer servers under reasonable conditions of security and integrity shall be considered, irrefutably, as proof of acceptance of the terms of the General Terms and Conditions and proof of all transactions between JUBAI and the Client.
JUBAI will archive Order forms and invoices on a reliable and durable medium, in accordance with the provisions of Article 1348 of the Civil Code and guarantees access to them to the Customer at any time if requested in accordance with the provisions of Article L. 134-2 of the Consumer Code.
Consequently, unless there is a manifest error by JUBAI proven by the Client, the latter may not contest the admissibility, validity or probative value of the General Terms and Conditions and the content of the Order, on the basis of any legal provision whatsoever which would specify that certain documents must be written or signed to constitute proof.
Thus, these elements constitute evidence and, if produced as evidence by JUBAI in any contentious or other proceedings, shall be admissible, valid and enforceable in the same manner, under the same conditions and with the same probative force as any document which would be drawn up, received or kept in writing.
At any time, the Client has the option to print, download, and save a copy of the Terms and Conditions on paper and electronic media.

RESPONSIBILITY

JUBAI reserves the right to modify the information contained in this Site at any time and without notice.
JUBAI is committed to describing the items sold on the Site with the greatest accuracy and to ensuring that the information published there is updated under the best possible conditions.
However, JUBAI cannot guarantee the accuracy, precision or completeness of the information made available to Customers within the Site.
In the event of non-substantial differences between the presentation photos of the Items on the Site, texts and illustrations and the Items ordered, JUBAI will not be held liable.
The Customer acknowledges and accepts that the prices of items may vary between the Website and the stores, and that under no circumstances can this price difference be grounds for a request for a full or partial refund of Items purchased either on the Website or in stores.
JUBAI shall not be held liable for any failure to perform any of its contractual obligations resulting from a fortuitous event or force majeure as defined by case law issued by French courts.
In particular, JUBAI will not be held responsible for any failure or delay in the execution of Orders, caused by events beyond its control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond JUBAI's control and includes in particular (without limitation):
1. Strikes, closures or other industrial actions.
2. Civil unrest, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or undeclared), or threat or preparation for war.
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters.
4. Inability to use transport by rail, boat, plane, road or other means of private or public transport.
5. Inability to use public and private telecommunications networks.
6. Acts, decrees, legislation, regulations or restrictions of all governments.
7. Strike, failure or accidents in maritime, postal or other transport.
The performance of these Terms and Conditions will be suspended for the duration of the force majeure event, and the execution and delivery deadlines will be extended accordingly. JUBAI will make every effort to end the force majeure event or find a solution enabling it to fulfill its contractual obligations despite the force majeure event.
JUBAI is only responsible for any direct and foreseeable damage at the time of use of the site or conclusion of the sales contract with the Customer, excluding all indirect damage.

PERSONAL DATA AND THEIR PROTECTION

Providing the personal information collected during the distance selling process is mandatory, as this information is necessary for processing and delivering orders and for issuing invoices.
The personal data collected on the Site is intended for JUBAI with the Client's consent. JUBAI is committed to protecting the personal data of its Clients.
All personal data concerning the Client collected by JUBAI is processed with the strictest confidentiality, in accordance with the provisions of law 78-17 of 6 January 1978 relating to Information Technology, Files and Freedoms, for the purposes of order processing.
Customer information and personal data are necessary for managing orders and customer relations, as well as for keeping them informed of all offers and commercial information that may be of interest to them.
They can be transmitted to service providers and contractual partners who are involved in and contribute to order management.
This information and Order management data are also kept for security purposes, to comply with legal and regulatory obligations, and to allow JUBAI to improve and personalize the services offered to Customers.
In accordance with the French Data Protection Act of 6 January 1978, the Client has the right to access, rectify and object to personal data concerning him/her.
To exercise this right, the Customer must send an email or letter to JUBAI's Customer Service by filling out the contact form on the website or by writing to the following address: 22 lot San Francisco Garden, 97118, Saint-Francois, Guadeloupe. Include their surname, first name, email address, and customer reference number.
Each request must be signed and accompanied by a photocopy of a valid identity document bearing the Client's signature, and must specify the return address. A response will then be sent within two months of receipt of the request.
When entering personal data on the Site and prior to its collection, every Customer has the option to agree to receive information relating to JUBAI products.
In accordance with current legislation, such information will only be sent to the Client if and only if he has expressly agreed to receive it.

COMMERCIAL OFFERS AND NEWSLETTERS

JUBAI may send commercial offers to Customers by mail, email, SMS, telephone or via all web spaces operated by JUBAI on social networks, subject to prior acceptance.
The Customer has the right at any time to object, free of charge, to receiving commercial prospecting communications by clicking on the "unsubscribe" link in each email.

COOKIES

When browsing the site, information relating to Customer navigation may be recorded in files - Cookies - installed on their device (computer, tablet, Smartphone).
These cookies are issued by JUBAI in order to facilitate navigation on the site and allow the recognition of the Clients' browser when they are connected to the Site.
These cookies are issued in order to:
- to establish traffic statistics (number of visits, page views, abandoned shopping carts, etc.)
- adapt the Site's presentation to the display preferences of the devices,
- to remember information entered in forms, to manage and secure access to reserved and personal areas such as the Customer account and to manage the Order basket.
JUBAI reserves the right to place cookies on the Client's computer during visits to the Site.
A cookie is a small file that is sent to the Client's computer and stored on their hard drive.
A cookie does not allow the Client to be identified but is intended to signal any previous visit of the Client to the Site in order to help JUBAI to personalize its services.
The Customer can configure settings to disable cookies and thus prevent cookies from being installed on their computer without their express consent.
Any settings implemented by the Client may modify Internet browsing and access conditions to certain Site services requiring the use of Cookies.
The Customer can express and modify their cookie preferences at any time, using the methods described below.
The Site uses third-party computer applications that allow the Client to share Site content with other people or to express their opinion about Site content to these other people. (Social networks such as Facebook, Instagram, Google+, Pinterest, TikTok, etc.).
When the Client visits a page on the Site containing a - Share - or - Like - button, their browser establishes a direct connection with the servers of the social network concerned.
If he is connected to the social network while browsing, the application buttons allow him to link the pages viewed to his account.
If he interacts using the plugins, for example by clicking the "Like" button or leaving a comment, the corresponding information will be transmitted to the relevant social network and published on his account.
If the Customer does not want social networks to link the information collected through the Site to their account, they must log out of the social network in question before visiting the Site.
JUBAI is in no way responsible for the content or operation of any social networks, including those that may be linked to the Site.

INTELLECTUAL PROPERTY

The site's content jubaiswimwear.com is the exclusive property of the JUBAI brand. The Site's content includes, but is not limited to, images, text, drawings, graphics, videos, logos, trademarks, names, the Site's structure and content, its organization, visual identity, database, ergonomics, and all other elements comprising the Site (hereinafter referred to as the "Site Content"). These elements are designed and managed by JUBAI for the purposes of publishing the Site, including all Site design elements, whether graphic or technical, as well as the names, acronyms, logos, colors, graphics, or other symbols that may be used, created, or implemented by JUBAI.

Use of the Site does not grant any rights relating to copyright, trademark rights, or other intellectual property rights in the Site Content. Except as expressly permitted by the Seller, it is prohibited to reproduce, in whole or in part, by any means whatsoever, to distribute, publish, modify, transfer, or sell all or part of the Site or the Site Content, or to create derivative works from the Site Content. Any other use, unless expressly authorized in writing by JUBAI, constitutes infringement and is punishable under intellectual property law. The creation of any hyperlinks to the Site's homepage, or any other page of the Site, is subject to the prior written consent of JUBAI.

MODIFICATION OF THE T&Cs

Given the possible evolution of the Site and regulations, JUBAI reserves the right to modify the Terms and Conditions at any time.
The new terms and conditions will, where applicable, be brought to the Client's attention by online modification and will apply only to sales made after the modification.

APPLICABLE LAW

These General Terms and Conditions and the contractual relationship between the Buyer and the Seller are governed by French law.
Any dispute will fall under the exclusive jurisdiction of the French courts of the Client's place of residence, in the absence of an amicable agreement between the Client and JUBAI.