Terms & Conditions

Version dated 19 March 2024 – updated 2 February 2026.

PREAMBLE

These General Terms and Conditions of Sale (hereafter referred to as the “GTC”) apply to any order placed by a natural person acting as a consumer (hereafter referred to as the “Customer”) on the website www.jenkell.com (hereafter referred to as the “Site”) from  with SAS Reborn, a simplified joint stock company under French law with a capital of €1,000, registered under number 885 094 623, whose registered office is located at 2405 Route des Dolines, Bâtiment Le Drakkar, CS 10065, 06560 Valbonne (the “Seller”).

 

The GTC aim to govern the sale of products by the seller to its customers. As such, the GTC specify the conditions for ordering, payment, delivery and returns of products ordered by customers. The GTC are accessible at any time on the Website and are referenced at the bottom of each page by means of a link. Customers must consult the GTC before placing an order. The GTC applicable to the sale are those in force on the day of the order on the website.

 

Any order placed on the Website implies the Customer's unreserved acceptance of these GTC. The customer declares that they have read and accepted the GTC when they proceed to payment for the order.

 

ARTICLE 1 – DEFINITIONS

The terms listed below have the following meanings in these T&Cs:

• “Customer”: refers to the Seller's co-contracting party, who guarantees that they are a consumer.
• “Order”: refers to the purchase of Products by a Customer from the Seller on the Website.
• “Account”: refers, if the Customer has chosen to create one, to the space hosted on the Website that is dedicated to them and associated with all the Data they have provided.
• “Terms and Conditions of Sale” or “T&Cs”: refers to these contractual terms and conditions governing the sale of the Product by the Seller via the Website.
• “Product page”: refers to the page presenting the commercial offer related to the Products.
• “Delivery”: refers to the first presentation of the Product ordered by the Customer at the delivery address indicated when the Order was placed.
• “Parties”: in the plural, refers to the Seller and the Customer together. In the singular, refers to either the Customer or the Seller.
• “Products”: refers to all products sold by SAS Reborn on the Website.
• “Territory”: refers to all territories in which Delivery is provided by the Seller.

 

ARTICLE 2 – PURCHASING PRODUCTS ON THE WEBSITE

To purchase a Product, the Customer must be at least 18 years of age and have legal capacity or, if a minor, be able to provide proof of authorization from their legal representatives.

The Customer will be asked to provide certain information essential for the management of the Order by completing the form available on the Website. The * sign indicates the mandatory fields that must be completed in order for the Customer's Order to be processed by the Seller. This information must be complete, accurate, and up to date. The Seller reserves the right to ask the Customer to confirm, by any appropriate means, their identity, eligibility, and the information provided.

 

ARTICLE 3 – ORDERING

3.1 Product Descriptions. The Seller presents all the essential characteristics of the Products in the Product Descriptions, which the Customer undertakes to read carefully before placing an Order.

 

3.2 Selection of Products. It is the Customer's responsibility to select the Products they wish to order by clicking on the Product(s) concerned in the “Shop” tab, choosing the desired quantities where applicable, and clicking on “Add to basket.”

 

3.3. Product Availability. The unavailability of a Product is normally indicated on the Product Page for the Product concerned. In any event, if the Product is unavailable, the Seller undertakes to inform the Customer without delay.

 

If the Customer decides to cancel their order for unavailable Products, they will be refunded all sums paid for the unavailable Products no later than fourteen (14) days after the date on which the contract was terminated.

 

3.4. Order. Once the desired Products have been added to the Customer's shopping cart, the Customer is redirected to their shopping cart. They must check that the contents of their Order are correct. The Customer is invited to enter a promotional code if they have one.

 

Once the Customer has confirmed the contents of the basket, they must click on the “Proceed to Order Confirmation” button to access the Order form summarizing the price, applicable taxes and, where applicable, delivery costs, which they must complete. If they have an Account, Customers are invited to log in by entering their username or email address and password. Customers can also create an Account by checking the box provided if they wish.

 

The Customer is again invited to enter a promotional code if they have one. Orders placed must include all the information necessary for the proper processing of the Order. The Seller cannot be held responsible for any errors in the entry of the Customer's personal information, which is essential for placing the Order and for Delivery. The Customer is invited to check the details of their Order and its total price and to correct any errors before proceeding to payment. It is therefore the Customer's responsibility to check the accuracy of the Order and to report any errors immediately. The customer selects a payment method and is then redirected to a secure payment page, where they can pay for and confirm their order. If they choose to pay via PayPal, they are asked to log in to the payment provider's website to complete the payment. The order date is the date on which the seller acknowledges receipt of the order online. Any delivery times indicated on the website only begin from this date. The seller reserves the right to cancel or refuse any order from a customer with whom there is a dispute relating to the payment of a previous order, or in the event of reasonable suspicion of attempted fraudulent payment, according to the criteria established by SAS Reborn's payment partners.

 

3.5. Acknowledgement of receipt. Once all the above steps have been completed, the customer is redirected to the website, where a page appears to confirm the order has been validated and provide a summary of the order.

 

3.6 Invoicing. The Seller shall issue an invoice and send it to the Customer by email, provided that the email address provided on the order form is correct.

ARTICLE 4 – PRICES

Prices are quoted in euros. The customer is informed that they may be subject to import duties and taxes depending on the delivery address, which are levied when the products arrive at their destination. These costs shall be borne exclusively by the Customer. As customs policies vary from country to country, customers are advised to contact their local customs office for further information. 

 

Prices take into account any discounts that may be granted by the seller on the website. These prices are fixed and cannot be changed during their period of validity. The seller reserves the right to modify prices at any time. They do not include delivery costs, which are charged separately. Any applicable delivery costs are communicated to the customer prior to placing the order. The payment requested from the customer corresponds to the total purchase amount, including delivery costs where applicable. The prices indicated are valid, except in the case of a gross error. The applicable price is that indicated on the website on the date on which the order is placed by the customer.

 

Article 5 – TERMS OF PAYMENT

5.1 Payment methods. The price is payable in full on the day the customer places the order, via secure payment or in instalments, depending on the territory and according to the following terms and conditions:

• By credit card;
• By PayPal;
• By bank transfer.

 

5.2. Late or refused payment. If, for any reason, it proves impossible to transfer the amount owed by the customer, the order will be cancelled and the sale will be terminated automatically. A copy of the order confirmation will be sent to the customer by email, provided the email address entered on the order form is correct.

 

Article 6 – DELIVERY

6.1 Place of delivery. Products can only be delivered within the Territory. Orders cannot be placed for delivery addresses located outside this Territory.

 

Products are shipped to the delivery address provided by the customer during the order process. If the delivery address is invalid, resulting in the products being returned due to non-delivery to the address provided during the order process, the customer shall bear any costs incurred in resending the products to a new address.

 

6.2 Delivery times and costs. In the absence of an agreed delivery date, the seller will deliver the product without undue delay and within thirty (30) days of the contract being concluded. In the case of an order comprising several products, the products ordered may be delivered in several instalments.

 

6.3. Delivery methods. Deliveries are made by a carrier selected by the Seller to the address specified by the Customer when placing the order, provided that the carrier has access to this address.

 

6.4 Delivery problem. If the Seller fails to fulfil their obligation to deliver the goods by the agreed date or by the end of the thirty (30) day period following the conclusion of the contract, the Customer may:

• Suspend payment of all or part of the price until the Seller fulfils their obligation;
• Terminate the contract, provided that they have given the Seller formal notice to deliver the goods or provide the service within a reasonable additional period and the Seller has not performed without delay.

 

The contract shall be deemed terminated upon the Seller's receipt of the letter or written notice informing them of this termination, unless they have performed in the meantime.

 

However, the customer may terminate the contract immediately if:

• when the seller refuses to deliver the goods, or it is clear that they will not do so; or
• when the seller fails to fulfil their obligation to deliver the goods on the agreed date, or within the thirty (30) day period following the conclusion of the contract, and this date or period constitutes an essential condition of the contract for the customer. This essential condition must result from the circumstances surrounding the conclusion of the contract or an express request by the customer prior to conclusion of the contract.

 

These provisions are without prejudice to the award of damages.

If the contract is terminated under the above conditions, the seller must reimburse the customer for all sums paid no later than 14 days after the contract is terminated.

Upon delivery, the customer or the person designated by them to receive the products must verify that:

• that the number of products delivered corresponds to the seller's specifications; and
•  that the packaging of the products is intact, undamaged and unaltered in any way.

 

The customer or their designated representative must immediately report any damage to the products, errors in quantity or non-compliance with specifications by making a note on the delivery receipt. Once the products have been accepted, the customer may not raise any objections regarding their external appearance.

 

Article 7 – TRANSFER OF OWNERSHIP

The Seller retains ownership of the delivered Products until full payment has been received from the Customer. However, the above provisions do not prevent the transfer of the risks of loss or damage to the Products, as well as the risks of damage that they may cause, to the Customer or a third party designated by the Customer other than the carrier, at the time of receipt.

 

ARTICLE 8 – RIGHT OF WITHDRAWAL

8.1 Principle of withdrawal. The Customer has the right to withdraw without giving any reason by returning or restoring the Product to the Seller.

 

The right of withdrawal is excluded in the following cases:

• Provision of services fully performed before the end of the withdrawal period and, if the contract subjects the consumer to an obligation to pay, the performance of which has begun with their prior and express agreement and with their acknowledgment of the loss of their right of withdrawal, when the service has been fully performed by the professional;
• Supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and which are likely to occur during the withdrawal period;
• Supply of goods made to the consumer's specifications or clearly personalized;
• Supply of goods that are likely to deteriorate or expire rapidly;
• Supply of goods that have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection;
• Supply of goods which, after delivery and due to their nature, are inseparably mixed with other items;
• Supply of alcoholic beverages whose delivery is delayed beyond thirty days and whose value agreed upon at the conclusion of the contract depends on market fluctuations beyond the control of the professional;
• Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, within the limits of spare parts and work strictly necessary to respond to the emergency;
• Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
• Supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
• Conclusion of the sale at a public auction;
• Provision of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities that must be provided on a specific date or during a specific period;
• Supply of digital content without a physical medium, the performance of which has begun before the end of the withdrawal period and, if the contract subjects the consumer to an obligation to pay, where:
• a) He has given his prior express consent for the performance of the contract to begin before the expiry of the withdrawal period; and
• b) He has acknowledged that he will lose his right of withdrawal; and
• c) The trader has provided confirmation of the consumer's agreement.

 

8.2 Withdrawal period. The product must be returned to the seller within 14 days of the customer notifying the seller of their decision to withdraw. This period expires 14 days after the day on which you, or a third party designated by you and other than the carrier, take physical possession of the goods.

 

If the customer has ordered several products via a single order giving rise to several deliveries (or if the order is for a single product delivered in several batches), the withdrawal period will expire 14 days after the day on which the customer, or a third party designated by the customer and other than the carrier, takes physical possession of the last item.

 

8.3 Notification of the right of withdrawal. The customer may exercise their right of withdrawal by sending an unambiguous withdrawal form expressing their wish to withdraw by email to SAS Reborn: laurence@jenkell.com. Download the form here.

 

To ensure that the withdrawal period is respected, the customer must send their withdrawal notification before it expires.

 

8.4 Effects of withdrawal. If the customer withdraws, the seller undertakes to refund all sums paid by the customer, including any delivery costs, without undue delay and within 14 days of being informed of the customer's decision to withdraw.

Unless the seller offers to collect the products themselves, they may defer the refund until the products have been collected or the customer has provided proof of shipment, whichever is sooner.

 

The seller will make the refund using the same means of payment as the customer used for the initial transaction.

 

8.5 Return procedure. In any event, the customer must return the goods to the address provided by the seller no later than fourteen (14) days after communicating their decision to withdraw from the contract. The deadline is deemed to have been met if the customer returns the goods before the end of the fourteen-day period.

 

 

8.6 Return procedure. Return costs are the sole responsibility of the customer. The product must be returned in accordance with the seller's instructions, which will be provided when the customer notifies their intention to return the product.

 

ARTICLE 9 – PACKAGING

Products will be packaged in accordance with current transport standards to ensure maximum protection during delivery. Customers must comply with the same standards when returning products under the conditions set out in Article 8 – Right of withdrawal.

 

ARTICLE 10 – WARRANTY

In addition to any commercial warranties that the Seller may offer for certain products, all customers benefit from 'legal' warranties for all products, which are detailed below.

Consumers have a period of two years from the delivery of the goods to invoke the legal warranty of conformity in the event of a lack of conformity. During this period, the consumer only needs to prove the lack of conformity, not when it appeared.

Where the sales contract provides for the continuous supply of digital content or a digital service for a period exceeding two years, the legal warranty applies to that digital content or digital service throughout the supply period. During this period, the consumer is only required to prove that the digital content or digital service is not fit for purpose, and not when this occurred.

 

The legal guarantee of conformity requires the professional, where applicable, to provide all necessary updates to maintain the conformity of the goods.

 

The legal guarantee of conformity entitles the consumer to have the goods repaired or replaced free of charge and without significant inconvenience within 30 days of their request.

Under the legal guarantee of conformity, consumers are entitled to have goods repaired or replaced free of charge and without significant inconvenience within thirty days of making a request.

If goods are repaired under the guarantee, the consumer benefits from a six-month extension to the initial guarantee period.

If the consumer requests a repair but the seller insists on replacing the goods, the legal guarantee of conformity is renewed for two years from the date of replacement.

The consumer may obtain a reduction in the purchase price by keeping the goods, or terminate the contract by obtaining a full refund in exchange for returning the goods if either of the following applies:

 

1. The professional refuses to repair or replace the goods;
2. The repair or replacement of the goods takes place after a period of thirty days;
3. The repair or replacement of the goods causes major inconvenience to the consumer, particularly if they bear the costs of returning or removing the non-compliant goods or installing the repaired or replacement goods;
4. The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.

 

The consumer is also entitled to a price reduction or termination of the contract if the lack of conformity is so serious that it justifies an immediate reduction in price or termination of the contract. In this case, they are not required to request a repair or replacement of the goods beforehand.

 

However, the consumer is not entitled to terminate the sale if the lack of conformity is minor. Any period during which the goods are immobilised for repair or replacement suspends the warranty, which remains in force until the repaired goods are delivered.

 

The consumer also benefits from a legal warranty against hidden defects for two years from when the defect is discovered. This entitles them to a price reduction if they keep the goods, or a full refund if they return them.

 

Article 11 – LIABILITY

The Seller is obliged to use reasonable care and skill at all stages of the product ordering process, as well as at subsequent stages.

 

The Seller shall not be held liable for any failure or improper performance of contractual obligations attributable to the Customer, particularly when placing an order.

The Seller shall not be held liable, nor be considered to have failed to comply with the GTC, for any delay or non-performance if the cause is related to a case of force majeure, as defined by applicable law.

 

It should also be noted that the Seller does not control websites that are directly or indirectly linked to the Site, and cannot therefore be held liable for the information published on them. Links to third-party websites are provided for information purposes only, and no guarantee is given as to their content.

 

 

ARTICLE 12 – FORCE MAJEURE

Neither Party shall be liable for any failure or delay in performing any of their obligations as set out herein if such failure or delay is caused by force majeure.

In contractual matters, force majeure occurs when an event beyond the debtor's control, which could not reasonably have been foreseen at the time the contract was concluded, and whose effects cannot be avoided by appropriate measures, prevents the debtor from performing their obligation. The party experiencing the event must immediately inform the other party of their inability to fulfil their obligations.

 

If the impediment is temporary, performance of the obligation shall be suspended, unless the resulting delay justifies termination of the contract. If the impediment is permanent, the present contract shall be terminated automatically and the parties shall be released from their obligations.

 

ARTICLE 13 – PROOF AND ARCHIVING 

Any contract concluded with the customer for an order exceeding 120 euros including tax will be archived by the seller for ten years. The seller will archive this information to track transactions and provide the customer with a copy of the contract upon request. In the event of a dispute, the Seller can prove that its electronic tracking system is reliable and guarantees the integrity of transactions.

 

ARTICLE 14 – PERSONAL DATA

The Seller collects personal data on the Website concerning its customers that is necessary for processing orders, issuing invoices, handling requests for information, and sending newsletters if the customer has opted in to receive them, unless they no longer wish to receive such communications.

 

This data may be communicated to any of the Seller's subcontractors responsible for executing, processing, managing and paying for orders.

 

Customers are invited to consult the Seller's Privacy Policy, which is available at https://jenkell.com/politique-de-confidentialite/ and provides further information on the protection of personal data, the processing carried out via the Website and the procedures for exercising rights.

 

ARTICLE 15 – INTELLECTUAL PROPERTY

The Seller is the exclusive owner of the intellectual property rights to the products offered on the website, including the trademarks, designs and copyright associated with the products and the website, as well as all its elements, particularly its visual and graphic identity, design, ergonomics, functionalities, software, texts, animated or still images, sounds, know-how, drawings, graphics and names, acronyms, logos or other signs created or used by the Seller.

 

The Customer shall refrain from using any trademarks, images, designs or models, or any other elements over which the Seller holds intellectual property rights.

 

Furthermore, the intellectual property rights to the documents on this website and each element created for it are the exclusive property of the Seller, who does not grant any licence or right other than the right to consult the website. Reproduction of any page or content from the website requires prior written authorisation from the Seller, except for private copying.

 

Reproduction of any documents published on the Site is only authorised for informational purposes for personal and private use; any reproduction or use of copies for other purposes is expressly prohibited.

 

Acceptance of these Terms and Conditions constitutes acknowledgment by the Customer of the Seller's intellectual property rights.

 

ARTICLE 16 – VALIDITY OF THE GTC

Any change in legislation or regulations in force, or any decision by a competent court to invalidate one or more clauses of these GTC, shall not affect their validity. Such a change or decision shall not authorise customers to disregard the GTC.

 

ARTICLE 17 –  AMENDMENT OF THE GTC

The GTC are dated precisely and may be amended and updated by the Seller at any time.

The applicable GTC are those in force at the time of the order. Amendments to the GTC shall not apply to products already purchased.

 

ARTICLE 18 – JURIDICTION AND APPLICABLE LAW

These GTC and any transactions arising from them are governed by and subject to French law. Any disputes arising from purchase and sale transactions concluded under these GTC concerning their validity, interpretation, execution, termination, consequences or repercussions that cannot be resolved between the Seller and the Customer shall be submitted to the competent French courts in accordance with ordinary legal procedures.

 

Prior to recourse to arbitration or state courts, however, the Customer is invited to contact the Seller. If no agreement is reached, or if the customer can prove that they have previously attempted to resolve the dispute with the seller directly by means of a written complaint, an optional mediation procedure will be proposed. This procedure will be conducted in a spirit of fairness and good faith, with a view to reaching an amicable agreement in the event of any dispute relating to this contract, including its validity.

 

To initiate this mediation process, the Customer may contact the mediator of SAS Reborn: CM2C Centre de la Médiation de la Consommation des Conciliateurs de Justice (Consumer Mediation Center of Justice Conciliators). 

 

All consumers also have the option of using the European online dispute resolution platform, which can be accessed at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR.

 

To initiate the mediation process, the party wishing to do so must first inform the other party by registered letter with acknowledgement of receipt, stating the details of the dispute.

 

As mediation is not mandatory, the customer or seller may withdraw from the process at any time. If mediation fails or is not considered, the dispute that could have been subject to mediation will be referred to the competent court mentioned above.