GENERAL CONDITIONS OF USE AND SALE

1. Object of the Internet site Oraijepro.com

The company JD GROUP is aimed at fashion professionals, retailers of ready-to-wear (hereinafter, the "Retailers-Buyers"). Via its website www.pro.oraije.com (hereinafter, the "Site"), the company JD GROUP offers to Retailers-Buyers who have previously created a buyer account on the Site, the possibility to access the collections, as well as to buy directly on the Site.

2. Purpose and scope of application of the present

General Conditions of Use and Sale The present General Conditions of Use and Sale aim at informing the Retailers-Buyers on the conditions and modalities in which the Site proceeds to the sale of Articles on the Site and to the delivery of the ordered Articles (hereafter, the "General Conditions").

The General Conditions apply, without restriction nor reserve to the whole of the sales of the Articles proposed on the Site.

Consequently, the fact that the Retailer-Buyer orders an Item offered for sale on the Site implies full and complete acceptance of the General Terms and Conditions, which the Retailer-Buyer acknowledges having read prior to placing the order.

The term user refers to any person browsing the Site, whether Retailer-Buyer or any other Internet user visiting the pages of the Site accessible to the public (hereinafter, "Users").

3. Purchase of Items on the Site

Access to the buyer's account is exclusively reserved for professionals legally capable of entering into contracts under French law.

The opening of the account is free and without obligation to purchase on the Site.

JD GROUP reserves the right to refuse any person who does not meet the admission criteria.

3.1 Registration on the Retailer-Buyer Site

In order to access the functionalities of the Site, the Retailer-Buyer must register on the Site via the "Become a buyer" icon appearing on the top right-hand corner of the Site's home page.

A registration form appears on which the Retailer-Buyer must fill in the following information

company name

Intra-community VAT number or Siret number

E mail

password

first and last name of the main contact

fields of activity

telephone number

Once the application has been registered, the retailer-buyer is contacted by JD GROUP who reserves the right to request additional information.

If the Retailer-Buyer does not meet the admission criteria, he will be informed that his application has been rejected.

Otherwise, a confirmation of account activation is sent to the new Retailer-Buyer via the email address provided. This email will summarize the new Retailer-Buyer's email address (login) and password so that the new Retailer-Buyer can log in to their account later on.

The registered Retailer-Buyer is the only one authorized to use his account using the login and password created during his registration on the Site.

This information, for which the Retailer-Buyer remains responsible, will be required for each login and must not be communicated by the Retailer-Buyer to a third party or used by a third party.

The Retailer-Buyer agrees not to use accounts other than the account initially created by him, whether under his own identity or that of a third party.

The Retailer-Buyer undertakes not to complete the registration form with false and/or erroneous information.

The Retailer-Buyer agrees to inform JD GROUP of any fraudulent use by a third party of his account and this, as soon as it is aware.

In the event that the Retailer-Buyer would provide false or incomplete information or in violation of the provisions of this article, JD GROUP will be entitled to suspend or terminate the account of the Retailer-Buyer without delay and to refuse immediately and for the future access to all or part of the services offered by the Site.

3.2 Management and use of the account by the Retailer-Purchaser

Once registered on the Site, each Retailer-Buyer has access to a private space allowing him/her :

to consult and modify the information concerning him or her or concerning the orders placed on the Site via the tab "my account";

to make online purchases via the "my basket" tab.

3.3. Placing orders on the Site

The procedure for placing orders on the Site includes the following steps: 

the Retailer-Buyer selects on the Site one or more Items by clicking on the icon "Add to cart", the selected Item is then added to the shopping cart;

a confirmation window allows the Retailer-Buyer to determine the quantity of Items he/she wishes to purchase, he/she can then choose to continue shopping or to finalize his/her order;

the Retailer-Buyer enters the address of delivery and invoicing and chooses a mode of delivery;

the Retailer-Purchaser visualizes the information entered and the summary of his order and validates the order and declares to accept the General Conditions by clicking on the box "I have read and accepted the General Conditions";

the Retailer-Buyer finalizes his order by filling in the required information according to the selected payment method;

by clicking on the icon " Validate the order ", the Retailer-Purchaser proceeds to the final validation of the order;

After the final validation of the order, Azalee will send the Retailer-Buyer, by email, a summary of the order. The details of the order will also be available on the Site, in the "My Account" section.

The validation of the order shall constitute acceptance of the order by the Retailer-Purchaser.

The order may only be challenged in the cases provided for in Article 3.3.3 "Complaints" of these General Conditions.

The systems of automatic recording on the site are considered as proof of the transactions made by the Site and the Retailer-Buyer.

JD GROUP shall not be liable for any erroneous information provided by the Retailer-Purchaser, either at the time of registration on the Site or when placing orders.

3.3.1. Availability of the Articles

The offers presented on the Site are valid as long as they are visible on the Site and within the limits of available stocks.

In the event of unavailability of the ordered Articles after placing of the order:

the Retailer-Purchaser will be informed as soon as possible by e-mail;

the Retailer-Purchaser will have the choice to ask :

the refund of the sums corresponding to the amount of the unavailable Article;

the replacement of the articles equivalent to the amount of the.

3.3.2. Delivery

The delivery will be able to be carried out only once the order validated by the Retailer-Buyer and the payment effectively received by JD GROUP.

The Site offers three methods of delivery of items ordered:

JD GROUP organizes the transport. The Retailer-Buyer pays the transport costs to JD GROUP. These will be mentioned on the commercial invoice.

Retailer-Buyer arranges the transport. The buying retailer is responsible for the organization and payment of the transport;

The Retailer-Buyer picks up his goods personally at the showroom.

JD GORUP will not be responsible for any delays in shipping due to delays in the transport companies and delivery of orders.

Once the package is entrusted to the carrier, only the carrier is responsible. The responsibility of JD GROUP can not be questioned during the transport of the package.

3.3.3. Claims

At the time of the delivery of the order, the Retailer-Buyer is held to check the state of the parcel.

In the event of anomaly relating to the parcel (damaged parcel, opened,...), the Retailer-Buyer will have :

Refuse the delivery by immediately issuing a statement of anomaly ;

and report the damage or shortcomings to the Wholesaler-Seller by registered letter within three (3) working days of receipt of the Order;

In the event of a discrepancy with respect to the Items ordered (missing, damaged, non-conforming items, etc.), the Retailer-Buyer shall notify the Wholesaler-Seller of the damage or discrepancy within three (3) business days of receipt of the order by electronic or postal mail.

In any case, the Retailer-Buyer must return the damaged items to JD GROUP following the procedure described in Article 3.3.4.

In the event that the claim is considered by JD GROUP to be founded, it will proceed as soon as possible to the exchange or refund of damaged items and / or delivery of the missing item.

Any anomaly resulting from a clumsiness or a false maneuver of the Retailer-Buyer can not be attributed to JD GROUP.

In case of non-compliance with the procedure of claim, the Retailer-Buyer can not claim any exchange or refund.

3.3.4. Return of the Articles

In application of article 3.3.3 "Complaints", the Articles can be returned by the Retailer-Purchaser to JD GROUP.

The Articles must be accompanied by the document attached to the delivery. Returns without a summary letter will not be accepted.

The items will be returned to JD GROUP, according to the mode of transport chosen by the latter, at the address indicated on the document attached to the delivery within eight (8) days from delivery.

The return costs and risks associated with the return of items will be borne by JD GROUP, the carrier or the Retailer-Purchaser, as appropriate.

3.3.5. Price of the Articles

The selling prices of the Articles are indicated in euros, net of tax and net of delivery charges.

At the time of the order, the expenses of delivery are calculated approximately according to the weight, the size of the parcel, its destination as well as the mode of forwarding chosen by the Retailer-Purchaser.

It is expressly agreed that the selling price of the Article is the one appearing on its card and that for this Article this price prevails on all the other prices which can appear on the Site.

3.3.6. Condiciones de pago

Purchases are made online by credit card or bank transfer, being specified that the bank cards accepted by JD GROUP are the following French and European cards: CB - VISA - MASTERCARD and that all bank charges associated with payments are charged to the Retailer-Buyer.

JD GROUP uses a secure payment tool and therefore, never has access to the banking information of Retailers-Buyers. The Retailer-Buyer must at each order inform his bank details.

JD GROUP reserves the right to suspend or cancel any execution of an order and / or delivery, whatever its nature and level of execution, in case of non-payment or partial payment of any sum that would be due by the Retailer-Buyer, in case of payment incident, or in case of fraud or attempted fraud relating to the use of the Site, including on the occasion of previous orders.

3.3.7. Proof

It is expressly agreed that the data stored in the information system of JD GROUP have evidentiary value as to the purchases made by the Retailer-Buyer.

The data on computer or electronic media constitute valid evidence and, as such, are admissible under the same conditions and with the same evidentiary force as any document that would be established, received or retained in writing.

4. Personal data

JD GROUP collects personal data. These personal data are collected, processed, recorded and stored by JD GROUP in accordance with the legal provisions in force in France.

4.1. Means of data collection

The JD GROUP company collects personal data relating to the Retailer-Buyer:

when registering on the Site through the form available from the link "Become a buyer" on the homepage of the Site;

and when placing orders via the forms provided for this purpose.

4.2 Purpose of data collection

The personal data collected by JD GROUP are necessary for the management of services offered by JD GROUP

In addition, the data of Retailers-Buyers may be used, subject to the rights exercised by them, to send them information by e-mail. 

In addition, JD GROUP reserves the right to collect and publish generic information about the profiles of the Retailers-Buyers without however indicating personal data such as their name and address.

JD GROUP may also collect statistical information in order to know the use that Retailers-Buyers make of the Site (frequency of consultation of the various pages of the Website, statistics and origin of the users of the Site, etc).

4.3. Rights of access, rectification, deletion and opposition

All personal data is subject to the provisions of Law No. 78-17 of January 6, 1978, as amended.

As such, Retailers-Buyers have a right to access and rectify or delete data concerning them processed by JD GROUP, as well as the right to oppose the processing of such data for direct commercial prospecting.

Retailers-Buyers can exercise these rights with JD GROUP;

by telephone from 10am to 6pm Monday to Friday

or by writing to : JD GROUP, 8 rue de la haie-coq, lot 96, 93300 Aubervilliers

4.4. Recipients of the data

The personal data collected through the Site will be transmitted to partner companies, to allow in particular:

the treatment of the orders - for this reason certain data relating to the Retailers-Purchasers could be transmitted to JD GROUP as well as to the carriers;

the detection of fraudulent means of payment;

the management of marketing operations organized by JD GROUP or its partners.

4.5. Cookies

JD GROUP is likely to use files "cookies" deposited in the computer of Users of its Site. In general, a file "cookie" records information about the navigation of the computer of Users that JD GROUP can read during subsequent visits of these Users. In this case, it contains information that users have just provided to JD GROUP. These cookies are also intended to allow JD GROUP to collect information on the attendance of the website of JD GROUP and to establish statistics.

JD GROUP undertakes to use the information obtained through the establishment of cookies only for the time necessary to achieve the purposes stated above. Users have the right to oppose the registration of "cookies" by configuring their browser. As each browser is different, Users should check in the "Help" menu of their browser how to modify their cookie preferences.

5. Intellectual Property

5.1. Hypertext links

The Site may include links to other websites or other Internet sources. 

JD GROUP can not be held responsible for any damage or loss, proven or alleged, consecutive or in relation to the access, the use or the fact of having trusted the contents, the goods or the services available on these sites or external sources.

Finally, JD GROUP recalls that any creation of hypertext link to the homepage of this Site or any other page of the Site is subject to the express prior written consent of JD GROUP.

5.2. Ownership of rights

All elements (text, logos, images, sound elements, software, icons, layout, database, ...) contained in the Site and associated sites are protected by national and international law of intellectual property. These elements remain the exclusive property of JD GROUP and/or its partners.

As such, unless prior written permission of JD GROUP and / or its partners, Users of the Site may not make any reproduction, representation, adaptation, translation and / or transformation in whole or in part, or a transfer to another website of any element of the Site.

Failure to comply with this prohibition may constitute an act of infringement engaging the civil and/or criminal liability of the user.

In accordance with the provisions of the Intellectual Property Code, only the use of the elements making up the Site is authorized for strictly personal purposes.

5.3. Brand

The brand and logo reproduced on the Site are registered by the company that owns them.

Any reproduction, republication or redistribution of the names or logos, by any means whatsoever, without the prior written authorization of their owner is prohibited by law.

6. Responsibility

6.1

It should be remembered that the company JD GROUP will in no case, responsible for delays in shipping due to carriers and delivery of orders.

6.2

Users are personally responsible for setting up the computer and telecommunications resources required to access the Site and for acquiring the knowledge necessary to use the Internet and access the Site. Users shall bear the connection and equipment costs associated with access to the Internet and use of the Site.

Users use the Website at their own risk. JD GROUP can not be held responsible for any damage that users, or any other user, could suffer as a result of such use.

In addition, JD GROUP disclaims any liability for indirect loss or damage, whatever the cause, origin, nature or consequences including costs that may arise from loss of opportunity, loss of sales, profits expected, brand image, computer equipment, data or any other loss of intangible property that may arise because of the access of anyone to the site or the inability to access or credit given to any information coming directly or indirectly from the latter.

6.3

In general, with respect to Users, JD GROUP's liability can only be incurred in case of fault by JD GROUP in the execution of its commitments under these Terms and Conditions.

Any claim filed by a User against JD GROUP must be made within six (6) months after the occurrence of the event, subject of the claim.

7. General

7.1. Modification of the General Conditions

JD GROUP reserves the right to modify at any time these Terms and Conditions. To be informed of these possible changes, JD GROUP advises any User of the Site to reread the Terms and Conditions regularly.

The use of the Site will be subject to the Terms and Conditions in effect at the time of use.

In addition, the Terms and Conditions applicable to the order are those accepted by the Retailer-Purchaser when placing the order.

7.2 Completeness

If one or more of the provisions contained in these Terms and Conditions should prove to be incorrect, illegal or unenforceable in any way, the validity, legality and enforceability of the remaining provisions shall not be affected in any way.

7.3. Applicable law and jurisdiction

The present General Conditions are subject to French law.

Any dispute or litigation relating to the existence, interpretation or execution of these Terms and Conditions shall, in the absence of amicable agreement, be under the exclusive jurisdiction of the French Courts.

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