Legal notices
GENERAL DEPOSIT CONDITIONS
ARTICLE 1: LEGAL NOTICES
The company JOIIA is a simplified joint stock company with capital of €41,389, registered with the Paris Trade and Companies Register under number 880 846 555, whose registered office is located at 22 rue François Miron – 75004 Paris (hereinafter referred to as “JOIIA”), which publishes the website accessible at the address https://www.jaiio.fr (hereinafter referred to as the “Site” or “the Website”),
Publication Director: Ms. Aurélie Baranes
Hosts: Shopify, AWS
ARTICLE 2: GENERAL
The Website accessible at the address https://www.jaiio.fr is a sales and purchasing platform specializing in so-called “second-hand” fashion/luxury products (hereinafter the “Products”).
These General Deposit Conditions (hereinafter referred to as “CGD”) define the terms of purchase and offer for sale on the Website https://www.jaiio.fr Products as well as the rights and obligations of the parties arising from the purchase and the online sales offer.
The Website offers the following features:
The submission of offers to sell Products online by Internet users (hereinafter the “Submitters”);
The search for and purchase of so-called “second-hand” Products online by Internet users (hereinafter the “Buyers”).
For the purposes hereof, Buyers and Depositors are jointly referred to as “Customers”.
By purchasing and/or entrusting the sale of a Product on the Site, the Customer acknowledges having read these General Conditions of Sale and Deposit and having accepted them without restriction or reservation.
When requesting to deposit an article on the Site, the Depositor acknowledges having read the Special Deposit Conditions accessible on the site and having accepted them without restriction or reservation.
Given the electronic nature of the contract between the Client and JOIIA, this acceptance is in no way conditional on a handwritten signature on the part of the Client.
Any written document contained in particular in documents issued by the Customer (including the order) cannot prevail over these General Conditions of Sale without the express prior written consent of JOIIA.
The version of the General Deposit Conditions available online on the Site will prevail, where applicable, over any other version of these General Deposit Conditions, with the exception of modifications that may have occurred after acceptance, in accordance with common law.
These general deposit conditions, hereinafter “CGD”, will be supplemented by the Deposit Agreement.
ARTICLE 3: MEMBERSHIP AND REGISTRATION
Simple navigation on the Site is free and does not require the creation of a Customer Account.
However, in order to access certain services, each Customer must create an account and provide an identifier (valid email address) on the Site and choose a password.
Registration on the Site is free.
The Customer is informed of the need to provide a valid email address in order to receive an email confirming the creation of said Account.
The whole constitutes its “Identification Codes”.
Each Customer acknowledges their full responsibility for the use that will be made of their Identification Codes and of the Site.
The Client undertakes not to choose any identifier that infringes the rights of a third party and therefore refrains from using an identifier that infringes an intellectual property right, a registered trademark, a company name or a surname, without this list being exhaustive.
He undertakes to carry out all acts within the space reserved for him under his own identification codes and all acts carried out under these identifiers will be considered to have been carried out by him.
In the event of forgetting, misuse or unauthorized use of its Identification Codes, JOIIA cannot be held liable under any circumstances and the Customer must immediately inform JOIIA of this situation, by email tocontact@jaiio.fr and by mail to the following address: 22 rue Francois Miron 75004 Paris.
If the Customer is a professional Buyer, the Buyer acknowledges that he cannot benefit from the provisions of the Consumer Code concerning in particular the right of withdrawal and the guarantee of compliant delivery.
ARTICLE 4: CONDITIONS FOR SUBMITTING AN ARTICLE
Submitting an article is free and open to all.
The Depositor must have legally taken possession of the items he deposits and these must comply with the law and regulations in force on the day of deposit.
The Depositor is responsible for the quality of the items deposited. In the event of a hidden defect, he must reimburse or at least compensate the Depositary, or even the buyer.
JOIIA reserves the right to:
Do not accept items presented if they do not meet the selection criteria. In this case the Depositary will choose to donate them to an association or to recover them at its own expense.
To cancel the contract and to withdraw from sale without notice, by informing the Depositor as soon as possible, any item for which JOIIA has doubts about the origin or identification of the presumed owner or any item presenting a defect not reported at the time of deposit and which would make it unfit for sale under the quality conditions required by JOIIA.
To submit an article, the Depositor must complete the dedicated online form, or contact the company JOIIA by email.hello@jaiio.fror by phone at 07 78 87 79 75.
The Depositor then chooses the removal method that suits him:
- By courier, Monday to Friday from 9 a.m. to 7 p.m., for Paris intramuros
- By Mondial Relay
- By Colissimo
- By DHL, only after telephone exchange with the dedicated JOIIA team
- By home visit of a member of the JOIIA team for any deposit of more than 50 items only after telephone exchange with the dedicated team
Removal costs are fully covered by JOIIA from 5 items or for a minimum sale price of 150 euros including tax.
Since delivery is provided by third-party service providers, the Buyer is informed that JOIIA cannot be held responsible if the non-performance or poor performance of this obligation is attributable to the Buyer or to the unforeseeable or insurmountable act of a third party to the contract or to a case of force majeure. Mondial Relay, Colissimo, DHL, Jet Service, our transport service providers, insure the items entrusted to them according to their general conditions of sale.
In order to facilitate and accelerate the sale of items entrusted by the Depositaries, the Company reserves the right to put them up for sale on specialized Internet platforms. The amount of earnings for the Depositary will always be equal to that indicated in the deposit confirmation email serving as a Contract.
ARTICLE 5: DEPOSIT CONTRACT
Upon receipt of the items by JOIIA, a confirmation email is sent to the Depositor which corresponds to the deposit contract.
When this email is sent, the items are automatically put on sale for the entire duration of the contract, i.e. a period of 9 months. The Depositor may object to the sale or request a change in prices within 7 days following the sending of this summary email. Only if items are unsold after this period will the Depositor be able to recover them.
To establish this, the Depositor must present his identity document to the Depositary. The Depositor must be of legal age.
The deposit contract states:
The Depositor's first and last name as they appear on his or her identity document
The Depositor's address
His telephone number and if possible his email address
The date of filing
Description of the items filed
The amount that will be paid to the Depositor following the sale of the item
The date unsold and uncollected items will be donated to charity.
Given the electronic nature of the contract between the Client and JOIIA, this acceptance is in no way conditional on a handwritten signature on the part of the Client.
Any written document contained in particular in documents issued by the Customer (including the order) cannot prevail over these General Conditions of Sale without the express prior written consent of JOIIA.
It is specified as necessary that the Customer may save or print these General Conditions of Sale, provided however that they are not modified.
The version of the General Conditions of Sale available online on the Site will prevail, where applicable, over any other version of these General Conditions of Sale, with the exception of modifications that may have occurred after acceptance, in accordance with common law.
The Depositor's agreement to these general conditions is worth:
- Unconditional acceptance of these for the deposit made and the deposits that he will make in the future
- Declaration by the Depositor that he has legally come into possession of the item(s) deposited
- Declaration by the Depositor that he is the owner of the item(s) and that they are not pledged;
- Declaration that the items filed are not counterfeits.
ARTICLE 6: FIXING THE SALE PRICE
JOIIA reserves the right to freely set the price of the item taken on deposit. This price, if accepted by the Depositor, is entered on the email that acts as a deposit contract.
This price corresponds to the amount that will be paid to the Depositor following the sale of the item.
Please note that after 6 months of deposit, unsold items will automatically be discounted by 30%.
ARTICLE 7: SALE PRICE OF DEPOSITED ITEMS
JOIIA's commissions can be viewed at any time on the JOIIA company website.
Our commission scaleEast:
- item sold over €2000: 80% off the price excluding VAT for you, 20% for jaiio
- item sold between €1000 and €1999: 70% on the price excluding VAT for you, 30% for jaiio
- item sold between €500 and €999: 60% on the price excluding VAT for you, 40% for jaiio
- item sold between 0 and 499 €: 50% on the price excluding tax for you, 50% for jaiio
We apply an additional handling fee of €5 per piece for all items sold for €59 including VAT or less.
The commission includes:
- Transporting items from your home to ours
- The selection, control and authentication of your items, professional photos, price definition, writing of the description and putting online on more than 10 platforms present in more than 80 countries as well as sending to 2 physical points of sale (Les Galeries Lafayette Haussmann or the boutique rue du Jour).
- Marketing costs to showcase your treasures
- Storage and then shipping of the parts sold
Commissions are calculated on the sale price excluding VAT displayed on the jaiio.fr website. The amount of earnings for the Depositary is indicated in the deposit confirmation email. The Company undertakes not to reduce this amount without the express agreement of the Depositary. However, the Company may decide to reduce the sale price without consulting the Depositary in order to facilitate and accelerate the sale, in which case the Depositary's earnings would remain unchanged, and the reduction would be fully covered by Jaiio.
Please note that after 6 months of deposit, unsold items will automatically be discounted by 30%.
ARTICLE 8: PAYMENT OF THE PRICE TO THE DEPOSITOR
After a minimum period of 31 days after withdrawal by the buyer, corresponding to the legal withdrawal period, the Depositor may receive payment.Every month the Depositor will receive an email informing him of the sale of the items entrusted and will receive a bank transfer of the purchase price of his item as it appears on the deposit confirmation email. Bank transfers are made once a month.
ARTICLE 9: UNSELECTED ARTICLES
If items are not selected the depositor receives an email informing him of the number of pieces.
JOIIA reserves the right not to accept articles:
- Whose brand does not belong to the list of accepted brands
- Whose condition is insufficient to put them on sale
- Whose authenticity could not be confirmed
Unselected items that are part of the accepted brands but have defects can be collected after payment of the handling fee and any transport costs.
If there is no response 7 days after sending the email, the items will be automatically given to our partner associations. Items not collected will not be compensated.
ARTICLE 10: RECOVERY OF UNSOLD ITEMS
All unsold items not collected within the time period mentioned in the deposit contract will be donated to charity, 30 days after the end of the deposit.
Please note that the date on which the items are donated to charities appears on the deposit contract.
To recover unsold items, the Depositor will pay the processing fees and return costs directly on the jaiio.fr website. JOIIA will then send the items within 30 days.
Unsold and uncollected items will not be eligible for compensation.
ARTICLE 11: RESEARCH PROCEDURE
If an item does not appear as sold but is not found by the company JOIIA, within the so-called recovery period as provided for in article 7 above, a search procedure is put in place.
This procedure can last up to one calendar month (excluding summer closure).
At the end of this search procedure, the item will be returned to the Depositor if it has been found or paid to the latter at the price stated in the deposit contract if it has not been found.
ARTICLE 12: RESPONSIBILITY – DISPUTES
JOIIA is insured with a notoriously solvent company, insurance guaranteeing the risks of civil liability, fire, floods, inside its warehouses. The coverage of these risks may in no case exceed the amount reimbursed by the insurance company. JOIIA cannot be held responsible for the quality of second-hand items sold on behalf of its Depositors.
ARTICLE 13: DATA PROTECTION AND FREEDOM
The provision of personal information collected as part of distance selling is mandatory.This information is necessary for processing and delivering orders and for issuing invoices. Failure to provide this information will result in the order being automatically rejected.
In accordance with Law No. 78-17 of January 6, 1978 relating to information technology, files and freedoms, the processing of personal information collected on the Site has been declared to the National Commission for Information Technology and Freedoms under No. 1698925v0.
Use and transmission of your personal data
In order to ensure the processing, monitoring and archiving of the products entrusted by the Depositor on the Site, JOIIA must necessarily process the Depositor's personal data.
The data collected are: name, first name, postal address, email address, telephone number, date of birth.
The data processed is transmitted to JOIIA, and where applicable to the partners concerned, according to the following methods and for the following purposes:
Removal management by JOIIA
The provision of personal data collected for the purposes of distance selling is mandatory for the confirmation and validation of any deposit as well as its monitoring and removal. In their absence, the deposit cannot be processed.
This data may be transmitted to JOIIA's technical service providers, for the sole purpose of ensuring the proper execution of removals, or the establishment of statistics.
Rights of access, modification, opposition and deletion
In all cases, the Depositor has the right to access, modify, oppose and delete personal data concerning him/her by writing to the following address:
contact@jaiio.fr by indicating his/her name, first name, email and address.
In accordance with the regulations in force, any request must be signed and accompanied by a photocopy of an identity document bearing the applicant's signature and specify the address to which the response should be sent. A response will then be sent to the Applicant within 2 months of receipt of the request.
ARTICLE 14: CORRESPONDENCE – EVIDENCE
Unless otherwise provided in these General Deposit Conditions, correspondence exchanged between the parties is by electronic mail.
In application of articles 1316 et seq. of the Civil Code, the Depositor declares that the information provided by him to JOIIA is authentic between the parties as long as no contradictorily authenticated and signed writing, calling into question this computerized information, is produced.
Elements such as the time of receipt or transmission, as well as the quality of the data received will be deemed authentic as they appear on JOIIA's computer systems, unless written proof to the contrary is provided by the Depositor.
The scope of proof of information delivered by JOIIA's computer systems is that granted to an original in the sense of a written paper document, signed by hand.
ARTICLE 15: GENERAL
Force Majeure
Any event beyond JOIIA's control and against which it could not reasonably have protected itself constitutes a case of force majeure and as such suspends the obligations of the parties, such as, but not limited to: flood, fire, storm, lack of raw materials, transport strike, partial or total strike, or lockout, technical breakdown (EDF, ERDF, telecommunications operators, Internet access or hosting providers, Registrars, etc.), a shutdown of energy supply (such as electricity), a failure of the electronic communications network on which JOIIA depends and/or the networks that would replace it.
JOIIA may not be held liable, or considered to have failed in its obligations set out in these General Terms and Conditions of Sale, for any non-performance linked to a case of force majeure as defined by French law and case law, provided that it notifies the other party on the one hand, and that it does its utmost to minimize the damage and perform its obligations as quickly as possible after the cessation of the case of force majeure on the other hand.
Technical Provisions
JOIIA's services are provided on an "as is" and "as available" basis.
JOIIA does not guarantee error-free, uninterrupted, punctual and secure provision of the services offered via the Site and is not bound by any obligation to provide personalized assistance, particularly technical assistance.
Update of the General Conditions of Sale
These General Terms and Conditions of Sale may be modified at any time on the initiative of JOIIA. Any modification of these General Terms and Conditions of Sale as well as the documents referred to therein will be communicated to the Customer during their first use of the site after this modification by sending a PDF file.
Entire Agreement
These General Conditions of Sale, the order summary sent to the Buyer and, where applicable, the Specific Conditions of Sale form a contractual whole and constitute the entirety of the contractual relations between the Parties.
In general, it is expressly agreed between JOIIA and the Customer that emails will be authentic between them, as will the automatic recording systems used on the Site, in particular with regard to the nature and date of the order.
The Customer may access, where applicable in accordance with the rules of common law, the electronic contract concluded between him and JOIIA. To do this, he should contact Customer Service by email, to which he will provide all the information necessary to do so, in particular the order number and his contact details.
Non-waiver of the General Conditions of Sale
The fact that one of the parties to these General Conditions of Sale has not required the application of any clause, whether permanently or temporarily, may not under any circumstances be considered as a waiver of the rights of that party arising from said clause.
Nullity
If one or more provisions of these General Conditions of Sale are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions of these General Conditions of Sale shall retain their full force and scope.
If applicable, JOIIA undertakes to immediately delete and replace said clause with a legally valid clause.
Title
In the event of any difficulty of interpretation between the title of any of the articles and any of the clauses, the titles shall be deemed not to have been written.
Applicable law – Disputes
The law applicable to these general conditions of sale and to the orders relating thereto is French law.
Subject to any contrary provisions of the Code of Civil Procedure, any dispute which may arise in connection with their validity, interpretation or execution and which has not been settled amicably by the parties hereto, shall be submitted to the courts of the Paris jurisdiction, notwithstanding plurality of parties, summary proceedings or expert appraisal.
