General conditions of sale
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 Conditions of Sale (hereinafter referred to as "GCS") 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 post a sales offer 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 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.
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 François Miron 75004 Paris.
In accordance with Article 11 of the General Terms and Conditions, the Customer has the right to access, modify, rectify and delete data concerning him/her.
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: PRODUCTS
Product Description
Joiia presents on the Site the Depositor's Products, as well as their detailed descriptions contained in the corresponding sheets established by the latter for each of its Products, thus allowing Buyers to know before the final validation of their order, the essential characteristics of the Products they wish to purchase, and this in accordance with the provisions of Article L. 111-1 of the Consumer Code.
The Depositor undertakes to provide all information as accurately as possible on the product deposited; JOIIA cannot be held liable under any circumstances by the Buyer or the Depositor with regard to the content of the advertisement.
JOIIA will also make its best efforts to ensure that the color and pattern of the Products whose photos are displayed on the Site are faithful to the original Products.
However, given the way in which the products are presented on the Internet, it is possible that the impression perceived by the Buyer of the photographic representation of the products does not correspond exactly to the product itself.
Product Prices
The applicable prices are those indicated on the Site at the time the Buyer validates his order.
Prices are indicated in euros and include all taxes.
The Buyer is informed that delivery costs will be charged in addition to the price of the Products, and that they will be specifically indicated for this purpose on the order summary and the order confirmation email and added to the total price of the order.
Furthermore, the Buyer formally acknowledges having been informed that the prices indicated on the Site do not include in any case any taxes and/or customs duties to which the Buyer may be subject at the time of delivery and for which he is the sole debtor.
At any time and without notice, JOIIA reserves the right to modify the prices displayed.These changes will not, however, affect orders that JOIIA has accepted before these changes come into effect.
ARTICLE 5: ACCEPTANCE OF THE OFFER AND ORDER OF PRODUCTS
Order a Product
By browsing the Site, the Buyer has the possibility of freely learning about the different Products offered for sale on the day of consulting the Site.
In order to order one or other of these Products, the Buyer will click on the icon provided for this purpose and appearing next to each photo of the Products.
At any time during browsing, the Buyer can check the Products chosen in the “My Basket” section.
The Buyer has the possibility, at any time during the order process, namely until the effective payment of the latter under the conditions provided for in paragraph 5.6 below, to return to this order in order to complete it, modify it or even cancel it.
Once the selection of Products is complete, the Buyer will be invited by a new Internet page to provide his contact details by accurately completing the form made available to him.
In particular, he undertakes to indicate an address to which delivery can be made during working hours from Monday to Saturday as well as his surname(s), first name(s) and email address.
Once the form has been fully completed, an order summary will include all the information relating to this order, including in particular the nature, quantity and price of the Products, the total amount (including transport costs) of the order, the Buyer's contact details, the delivery address and the billing address will appear on the screen.
After having taken note of the status of his order, the Buyer will be invited:
either click on the “Pay my order” button to proceed with payment for your order;
either to click on the “Modify my order” button in order to modify the characteristics of his order and/or the information relating to his personal contact details;
By clicking on the "Pay for my order" button during the ordering process, the Buyer must first read these general terms and conditions of sale, then check a box opposite the message "I have read and accept the General Terms and Conditions of Sale".
The Buyer guarantees that he is fully authorized to use the bank card provided for the payment of his Order and that this bank card gives access to sufficient funds to cover all costs resulting from the use of JOIIA's services.
By clicking on the “Pay for my order” button during the Order process, and after having checked the contents of the Order in his “My Basket” and, where applicable, having modified it, the Buyer declares that he fully and unreservedly accepts all of these General Conditions of Sale.
After confirming the content of his Order, the Buyer will definitively validate it by payment.
The Order will only be final upon payment of the corresponding price.
JOIIA will systematically confirm each Buyer's order, then its shipment by email.
The price including all taxes of each Product is indicated in the corresponding Product sheet. The shipping costs of the Buyer's order will be indicated to him before the final validation of the order.
However, in accordance with Article 4 above, the Buyer formally acknowledges having been informed by JOIIA that the prices indicated on the Site do not include in any case any taxes and/or customs duties to which the Buyer may be subject at the time of delivery (and in particular in the event of delivery outside France and outside the European Union) and for which it remains the sole debtor.
In addition, once the order has been validated, the prices and costs will remain accessible in the “My Account” section of the Website.
Once these General Conditions of Sale have been accepted and the order confirmed, a web page dedicated to payment of the order will open.
The Buyer must then proceed to payment for his order.
The data recorded by JOIIA constitutes proof of all transactions between JOIIA and the Client.
Pay for a Product
Payment for the order is made online and must be made at the same time as the order, according to the instructions given for this purpose during the order validation process. Payment will be made in euros via the Stripe and PayPal™ electronic payment system, or Alma, to the exclusion of any other means of payment.
JOIIA uses the secure payment tools Stripe, Alma and Paypal™ provided by the companies Stripe, Alma and Paypal France sas and guarantees the Buyer that he never has access to confidential information relating to the means of payment used by the latter to pay for his order.
In order to make the payment due, the Buyer will be asked either to provide the bank card number, the expiration date of the card accompanied, where applicable, by the visual cryptogram, or to make the payment directly via their Paypal account if the Buyer already has one.
The Buyer's bank details are requested for each order since only the bank chosen by JOIIA to carry out this financial transaction remains in possession of the confidential information.
For this purpose, the Customer guarantees JOIIA that he has the authorizations that may be necessary to use the payment method chosen at the time of validation of the order. In the event of refusal by the bank, the order will be automatically canceled and the Buyer notified by sending an email.
In order to optimize the security and authentication of electronic payments made by the Buyer, JOIIA has implemented the “3d secure” protection system for each payment made on the Site.
The Customer is invited to follow the authentication procedure set up for this purpose. Failing this, the payment will be cancelled and the Buyer will not be able to receive the Products ordered.
Once payment for an order has been made, a printable and saveable summary of the Buyer's order will be displayed, including the order references.
Confirmation of the order by JOIIA
The order will only be considered firm and final once confirmed by JOIIA to the Buyer.
JOIIA reserves the right to refuse any order or delivery in the event of a dispute with the Buyer, particularly following the Buyer's failure to comply with the obligations entered into under these General Terms and Conditions of Sale, in particular with regard to any incident of payment of the price of an order, likely to result in the suspension of access to the JOIIA Site, or even the termination of the Buyer's Customer Account, without prejudice to any damages that JOIIA may seek.
Following payment of the order, confirmation from JOIIA will be sent as soon as possible by email.
This order confirmation email sent by JOIIA will include the following information:
the order number determined by JOIIA at the time of its validation by the Buyer;
the order summary (designation of the Product(s) ordered, quantity, price);
the total amount of the order, including all taxes;
shipping costs;
confirmation of payment;
the conditions and procedures for exercising the right of withdrawal, in accordance with the provisions of Articles L.121-20 of the Consumer Code in cases where the Depositor is a professional;
the terms and conditions relating to the delivery of the Products ordered (expected shipping time – 30 days maximum from validation of the order).
Product Availability
The Products distributed online on the Site by JOIIA are those which appear in stock on the day the Site is consulted by the Buyer.
The Buyer is informed that the Products presented online on the Site are by definition rare and unique given their “second hand” specifications.
Under these conditions, the provisions of article L.121-20-3 of the Consumer Code cannot apply to the Site.
ARTICLE 6: DELIVERY & RECEIPT OF THE ORDER
JOIIA retains ownership of the Products ordered until full payment of the price of the order, including shipping costs if due.
Delivery to the Buyer
The Buyer takes full enjoyment of the product from its delivery.
The Product(s) will be delivered to the postal address provided by the Buyer when ordering and which will appear on the delivery note.
Delivery will be made according to the delivery method selected by the Buyer when ordering and depending on the country of delivery and the rate offered by the relevant carrier.
The Buyer will choose from the delivery methods below when confirming their order:
- By courier for Paris intramuros from Tuesday to Friday from 9 a.m. to 7 p.m.
- By Colissimo, for France and Europe
- By Mondial Relay, in mainland France only
- At the showroom free of charge from Tuesday to Thursday from 10 a.m. to 5 p.m., and Friday from 10 a.m. to 2 p.m.
- In store free of charge from Tuesday to Saturday from 11 a.m. to 7 p.m.
As 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.
SHIPPING & RETURNS
JOIIA offers fixed shipping rates with its 3 partners to ensure your items reach you in a timely manner.
SHIPPING COSTS
- By courier for Paris intramuros from Tuesday to Friday from 9 a.m. to 7 p.m., delivery costs 9 euros
- By Colissimo, delivery costs 9 euros in mainland France, 15 euros in overseas territories and Europe
- By Mondial Relay, delivery costs 5 euros in mainland France only.
Shipping times
All orders are shipped within 4-5 business days as a guide.
Once your order is ready to ship, you will receive an email with tracking information.
Delivery times for Products
Delivery will take place no later than thirty days after the order, unless otherwise provided, of which the Buyer will be informed before placing the order, indicating an average delivery time.
In case of late delivery
Any delay in delivery must be reported by the Buyer as soon as possible to JOIIA, which will carry out an investigation with the carriers in question.
The Buyer shall have the right to cancel his order if delivery thereof has not taken place no later than fourteen days after the indicated delivery date, unless this delay is due to a case of force majeure.
From the exercise of the right of denunciation, or the conclusions of the investigation carried out by JOIIA confirming the loss of the package, JOIIA will make a refund to the bank account debited when ordering, as soon as possible, to the exclusion of any other compensation.
In the event of partial delivery of the order, delivery may be made in several installments, and this right will only apply to the undelivered balance of the order.
Receipt of Products by the Buyer
Each delivery is deemed to have been made upon the Products being made available to the Buyer by the carrier, as evidenced by the control system used by the carrier.
It is the Buyer's responsibility to immediately check the conformity and integrity of the Products shipped upon receipt of the Products.
Without prejudice to the time limits available to the Buyer under his right of withdrawal, as specified in Article 7 below, it is the recipient's responsibility to check the shipments upon arrival and to make any reservations and complaints to the carrier that appear justified in the event of delay, breakage or shortage.
The Customer must issue complete and precise reservations on the delivery note. In accordance with Article L.133-3 of the French Commercial Code, any reservation must be confirmed by registered letter to the carrier within three (3) days of receipt.
Any such reservation must also be notified to JOIIA Customer Service, whose contact details appear on the Site, within the same time period and in the same form. A copy of the complaint addressed to the carrier must be attached.
RETURNS
All items purchased online are refundable if they are not suitable for you.
To do this, you must make a return request online from your customer area.
The item must always have its JOIIA label.
You must then return the item(s) to us within 14 days from the date of delivery of your order.
The return costs are your responsibility and will be deducted from the refunded amount. In the event that you choose a credit note, the return costs will be waived.
You are responsible for any damages incurred during return.
Unless otherwise agreed, the refund will be made through the same method of payment as that used for the initial purchase.
If the product or packaging is worn or damaged, JOIIA reserves the right to deduct any loss in value when refunding the product.
Cancellation of an order after purchase on the site cannot be taken into account.
ARTICLE 7: RIGHT OF WITHDRAWAL
It is expressly specified that the provisions of this article are only applicable in the event of a sale taking place in the European Economic Area.
In accordance with the provisions of Article L.121-20 of the Consumer Code and Article L.121-20-3 of said Code, the Buyer has a reflection period of seven (7) working days, from the day of delivery of the order, to return, at his own expense, the Product ordered which does not give him satisfaction, subject to the provisions of Article 7.2 below.
The Product must be returned complete, in perfect condition and in its original packaging accompanied by the delivery note, the invoice and a covering letter. This right of withdrawal will not be applicable if the Product bears the mark of a certain use, not necessary for the sole testing of said Product, and is not in any event in a use allowing its resale to consumers.
Under these conditions, JOIIA undertakes to reimburse the Buyer, to the bank account debited when ordering, within a maximum period of thirty (30) days, from receipt of the Product.
If the right of withdrawal is exercised after the date of departure of the Products from JOIIA warehouses, the return costs will remain the responsibility of the Buyer.
The Buyer is strictly informed that the provisions of Article 7.1 and those of the Consumer Code cited above are only applicable in the event that the Depositor is a professional seller and declared as such with JOIIA.
Furthermore, the provisions of this article and those of the consumer code cited below are not applicable to the professional Buyer who cannot benefit from any right of withdrawal.
Thus, in the event of a sale made on the Site of an item belonging to a non-professional Depositor, the Buyer does not hold any right of withdrawal of legislative or contractual origin.
ARTICLE 8: CONFORMITY AND WARRANTY
The Depositor guarantees that the Products comply with the use expected of them, and do not have any defects or hidden faults making them dangerous or unfit for their normal use other than those which are indicated in the Product Sheet.
In the event of a Product not conforming to the information given during the presentation of the Product on the Site, and in accordance with articles L.211-5 of the Consumer Code and 1604 et seq. of the Civil Code, or if this Product presents hidden defects referred to in article 1641 of the Civil Code, it will be reimbursed by JOIIA to the Buyer within a maximum period of thirty (30) days, subject to compliance with the conditions mentioned above and subject, with regard to the application of the aforementioned articles of the Consumer Code, to the provisions of article 9.2 below.
The provisions apply to the Buyer's guarantee regime by the Depositor.
Furthermore, the provisions of the Consumer Code referred to in Article 9.1 hereof are not applicable to the Professional Buyer.
ARTICLE 9: RESPONSIBILITY
JOIIA cannot be held liable for any inconvenience or damage inherent in the use of the Internet, in particular a break in service, an external intrusion or the presence of a computer virus.
JOIIA is not liable for any failure to perform its obligations as defined herein resulting from a case of force majeure.
Acting as an intermediary, JOIIA is not responsible for the quality of the items sold on the site.
Without prejudice to the provisions of the preceding paragraphs, the liability of JOIIA, under these General Conditions of Sale, cannot exceed an amount equal to the sums paid or payable during the transaction giving rise to said liability, whatever the cause or form of the action concerned.
JOIIA Disclaimer – Fight against counterfeiting
JOIIA makes every effort to combat counterfeiting of Products and implements numerous controls.
In this respect, JOIIA requires the Depositor to provide proof of the authenticity of the Product that it is putting up for sale. This proof may be provided by any means; however, JOIIA strongly recommends that the Depositor present the certificate of authenticity of the Product.
However, JOIIA is in no way responsible, neither towards the Buyer nor towards a third party in the event of the sale of a counterfeit Product. JOIIA does not guarantee in any way the authenticity of the Products placed online on the Site.
Thus, it is strictly specified that JOIIA is not responsible in the event of an error on the substance of the Product sold and in particular in the event of a counterfeit Product. Thus in this case, the Buyer will not be able to take any action against JOIIA on this basis.
Exclusion of warranty on the origin of the Products – Fight against concealment
In its capacity as a depositary merchant and in order to prevent acts of concealment, JOIIA is required to comply with certain specific obligations arising from the provisions of Articles 321-7 and R.321-3 et seq. of the Criminal Code, in particular the keeping of a register of the Products and the collection of an official identity document for each Depositor.
Although JOIIA strictly complies with all of the above obligations, JOIIA is not able to guarantee the origin of the Products and cannot be held responsible in the event that the sale of the Product offered by the Depositor constitutes an act of receiving stolen goods within the meaning of Articles 321-1 et seq. of the Criminal Code.
Thus, the Buyer expressly acknowledges that JOIIA is not able to verify the origin of each of the Products and the fact that the Depositor is indeed the owner of the Product that it offers for sale.
ARTICLE 10: REMINDER
The Buyer is strictly reminded that all Products placed online on the JOIIA Website are second-hand, used Products and therefore, by definition, are not new.
Therefore, the Products cannot have the same characteristics and the same guarantees of condition of use that a new product must offer.
In this respect, the Buyer formally acknowledges having been informed of the “second-hand” nature of the Products placed online on the Site and of their state of wear and use and never contests this point.
ARTICLE 11: DATA PROTECTION AND FREEDOM
The provision of personal information collected in the context of distance selling is mandatory. This information is necessary for the processing and delivery of orders as well as for the preparation of invoices. Failure to provide information will result in the automatic rejection of the order.
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 Buyer's orders on the Site, JOIIA must necessarily process the Customer'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:
Order management by JOIIA
The provision of personal data collected for the purposes of distance selling is mandatory for the confirmation and validation of any order as well as its tracking and shipping. In their absence, an order cannot be processed.
This data may be transmitted to JOIIA's technical service providers, for the sole purpose of the proper execution of orders, or the establishment of statistics.
Sending commercial information:
Depending on the choices made by the Client, their personal data may be transmitted to JOIIA partners.
The Customer may receive emails or text messages from JOIIA containing information on JOIIA products and activities.
The Customer retains the right to refuse such communication a posteriori by expressing his refusal by e-mail by clicking in the dedicated section on the Site.
Rights of access, modification, opposition and deletion
In all cases, the Client 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 current regulations, 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 Client within 2 months of receipt of the request.
Cookies
When consulting the site, information relating to the Customer's navigation on the Website may be recorded in "cookie" files installed on the Customer's computer or mobile terminal, subject to the choices you have expressed regarding cookies and which you can modify at any time.
Cookies are alphanumeric identifiers that are transferred to the Customer's hard drive via your Internet browser, in order to enable the system to recognize the Customer's browser and offer them suitable services.
Cookies are used by JOIIA to remember the Customer's preferences, to optimize and improve the Customer's use of the Website by providing content that is more precisely adapted to their needs.
“Cookies” are used to:
Identify the Customer when connecting to the Site.
Determine the Client’s Internet browser settings, such as the type of browser used and the plug-ins installed on it.
Remember the Buyer's shopping cart and purchase options.
Know the products searched for and purchased on the Site by the Buyer in order to offer them suitable suggestions.No personal data is collected as part of this activity, only statistical data is collected and analyzed for the purposes of optimizing the website.
Some cookies are installed until the Client's browser is closed, others are stored for longer. Cookies are stored for a maximum of 15 days.
The Help section of the toolbar on most browsers will tell you how to refuse accepting new cookies, how to have a message notifying you when they are being accepted, or how to disable cookies altogether.
Only the issuer of a cookie can read or modify the information contained therein.
When you connect to JOIIA, we may, subject to your choices, install various cookies in your terminal, allowing us to recognize the browser of your terminal during the validity period of the cookie concerned. The cookies that we issue are used for the purposes described below, subject to your choices, which result from the settings of your browser software used during your visit to our site.
Several options are available to the Customer to manage cookies. Any setting made by the Customer regarding the use of cookies may modify their Internet browsing and their conditions of access to certain services requiring the use of cookies.
The Customer may choose at any time to express and modify his wishes regarding cookies, by the means described below.
The Customer may configure their browser software so that cookies are saved in their terminal or, on the contrary, that they are rejected, either systematically or according to their issuer. The Customer may also configure their browser software so that the acceptance or rejection of cookies is offered to them punctually, before a cookie is likely to be saved in their terminal.
Behavioral cookies
JOIIA does not currently collect or process any personal information known as “behavioral” information of the Client, as defined by Order No. 2011-1012 of August 24, 2011 relating to electronic communications.
Any implementation of behavioral cookies on the Site by JOIIA will be subject to prior express authorization from the Client.
ARTICLE 12: DATA SECURITY AND CRYPTOGRAPHY
The Buyer is reminded that JOIIA never has access to confidential information relating to the means of payment.
This is why the Buyer's bank details are requested with each order.
Indeed, only Stripe and Paypal have confidential information (card number, expiry date) that is inaccessible to a third party. The JOIIA site is subject to one of the most efficient security systems currently available. It has not only adopted the SSL (Secure Socket Layer) encryption process but also reinforced all scrambling and encryption processes in order to protect all sensitive data related to payment methods as effectively as possible.
ARTICLE 13: CORRESPONDENCE – PROOF
Unless otherwise provided in these General Terms and Conditions of Sale, correspondence exchanged between the parties is by electronic mail.
In application of articles 1316 et seq. of the Civil Code, the Client 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 appearing on JOIIA's computer systems unless written proof to the contrary is provided by the Client.
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 14: INTELLECTUAL PROPERTY
JOIIA is the exclusive holder of intellectual rights to the Site and the JOIIA community, in particular all texts, comments, works, illustrations, videos and images, whether visual or audio, reproduced on the Site as well as its databases of which it is the producer.
All these intellectual creations are protected under copyright law, trademark law, patent law, sui generis database rights and image rights, and this for the entire world.
These creations are the full and entire property of JOIIA.
JOIIA is a brand that was registered with the INPI by the company JOIIA.
However, the latter grants to Customers recognized as such within the meaning of article 17.1 above a license allowing them to reproduce and display the contents of the Site, but solely and strictly for their personal use within the framework of viewing this Site.
This license, however, excludes the right of Customers to modify, copy, translate, broadcast, publish, transmit, distribute, produce, display or assign the rights to any content appearing on and through the JOIIA community.
As such and in accordance with the provisions of the Intellectual Property Code, only use for private purposes, subject to different or even more restrictive provisions of this code, is authorized.
Any other use constitutes infringement and is punishable under Intellectual Property law unless prior authorization is obtained from JOIIA.
As a reminder, the act of affixing a hyperlink to the JOIIA community, using the technique known as framing or deeplinking, is strictly prohibited as provided for in article 17.3.
Any other use constitutes infringement and is punishable under Intellectual Property law unless prior authorization is obtained from JOIIA.
Any form of total or partial copying, aspiration and reproduction of the database produced and operated by JOIIA on the JOIIA community is formally prohibited without its prior written consent.
ARTICLE 15: GENERAL BEHAVIOR OF CUSTOMERS
When adhering to these General Terms and Conditions, as well as following use of the Site, Customers agree not to transmit:
information for their registration that is incorrect or false;
any personal information (name, telephone number, email address, etc.);
information concerning the Product that it wishes to put on sale which is incorrect or false and/or intended to mislead the Buyer and/or JOIIA on its substantial elements such as its origin or its non-infringing nature;
Offers for the sale of Products constituting an act of receiving stolen goods within the meaning of Articles 321-1 et seq. of the Criminal Code;
any sensitive information of racial or ethnic origin or relating to political, philosophical or religious opinions, trade union membership, sexual life or health, contrary to good morals and the law.
In the event of an infraction or contravention of these rules due to the transmission of this information, JOIIA, in addition to the fact that it will have the right to delete these disputed messages without notice, reserves the right to remove Customers' access to JOIIA and to their Account.
They must ensure that all information communicated subsequently remains correct and refrain from creating or using on the Site, unless authorized, accounts other than their own under their own identity and/or that of a third party, it being recalled that any identity theft is liable to prosecution and criminal sanctions, and that finally any breach of this commitment may result in the immediate suspension without notice of the Customer's Accounts.
They finally undertake in this same register, as provided for in article 3 hereof, and in the event that they become aware of a usurpation of their identifiers by a third party having accessed their Account, to inform the Site administration team by email at the addresscontact@jaiio.fr before confirming it by registered letter with acknowledgment of receipt to the address: 22 rue François Miron – 75004 Paris.
ARTICLE 16: CUSTOMER COMMENT AND CONTRIBUTION – PROPERTY RIGHTS
Customers remain the sole owners of the rights attached to the content that they intend to publish and distribute through the Site and the Internet pages dedicated to JOIIA on social networks (hereinafter collectively referred to as "the JOIIA community"), namely intellectual works in general, such as comments, texts, images, URL links (hereinafter referred to as "Content"), which they would publish on the JOIIA community in the comment space allowing them to give their opinion on the Products offered by JOIIA suppliers.
By the simple fact of having allowed the Content to be published on the JOIIA community, each Client takes a non-exclusive license granted to JOIIA to use, represent, reproduce, communicate to the public from the Site or from the Site from any known or future electronic communication network (Internet, 2G and 3G mobile telephony, TV, ADSL, etc.), distribute and even modify the corresponding Contents in such a way, in the latter case, as to meet the technical requirements and constraints linked to the JOIIA service itself, in particular when it comes to carrying out digital compression of video and music files or formatting said content and that this license is limited to the uses necessary for the operation of the JOIIA community, as long as these Contents are available and at the sole will of the Client, outside of any other external to the Site, unless prior and express agreement of the latter.
The Customer therefore guarantees:
be the sole owner of the Content referred to in Article 16 that it publishes on the JOIIA community, be able to proceed with their publication and have the authority to grant the license to JOIIA under the conditions of Article 16.1 above.
not to violate by their publication any of the protected rights, whether personal rights or those provided for by the intellectual property code (copyright, related rights, trademarks, patents, etc.),
not to use content that is of a nature:
– to cause harassment of third parties or to call on third parties to engage in harassment,
– to incite hatred, discrimination, racism, bigotry and physical violence against individuals or groups of individuals,
– to represent scenes of pornography, pedophilia, or any other shocking subject or containing a link with an Internet Site reserved for adults,
– to request personal information from minors,
– to provide telephone/fax numbers, street names, names, postal addresses or email addresses,
– to represent or advocate illegal activities or behavior of a defamatory, abusive, obscene, threatening or slanderous nature as well as false or misleading information,
– to offer an illegal or unauthorized copy of works protected by copyright, patents or trademarks,
– to instigate, provoke or encourage the transmission of emails, chain letters, unsolicited mass mailings, instant messages, unwanted advertising messages or unsolicited mail,
– to promote or encourage any criminal activity or enterprise or giving indications or instructions on how to promote illegal activities, invasion of privacy, dissemination and creation of computer viruses,
– to solicit passwords or personal information from other Customers for illegal commercial purposes,
– to involve commercial activities and/or sales such as contests, sweepstakes, barter, advertisements and pyramid schemes without the written consent of JOIIA,
– to distribute, reproduce, publish or modify in any way elements protected by copyright, trademarks or any property right belonging to third parties without their prior consent.
ARTICLE 17: WEB 2.0 SHARING TOOL – HYPERTEXT LINKS AND HYPERLINKS
JOIIA has set up interactive communication tools known as “Web 2.0” allowing the Customer to comment on and rate the Products from which they have benefited or had others benefit via the Site.Comments and messages published on the JOIIA community by the Client on this occasion must comply with the rules set out in articles 16 and 17 of these T&Cs.
JOIIA has developed tools allowing the Client to share with his friends all the desired information through the various Community Sites, social networks and blogs published by third parties.
However, JOIIA exclusively authorizes the Customer to use this type of communication and sharing for promotional purposes only, excluding any commercial use or use unrelated to the distribution of the Products on the Site.
The Site may contain, where applicable, hypertext links and/or hyperlinks referring to Internet sites published and hosted from third-party servers, and in particular concerning advertising banners, the management of which is in no way ensured by JOIIA and over which no control can be exercised.
JOIIA disclaims any liability for the legal consequences of accessing these websites.
The Client may not publish hypertext links on the JOIIA community or on the forums if these links refer to websites whose content contravenes the provisions of article 16.2 hereof.
In such a case, any disputed link noted by JOIIA and/or notified by a third party must be immediately and without delay removed upon simple request from JOIIA.
If, after written notification from JOIIA, the Customer has not complied with the provisions of this article, JOIIA reserves the right to directly delete the disputed message and, in the event of a repeat offense, to permanently delete the Customer's Account with all the legal consequences provided for in Article 16 hereof, including in particular preventing the offending Customer from accessing online comments on the JOIIA community.
The use of hypertext links and/or hyperlinks pointing to the JOIIA community is authorized by JOIIA within the strict framework of promoting the Site but on the decisive condition that the integrity of the Site is preserved and that no risk of confusion between the Site and the websites published by third parties is noted.
In this perspective, JOIIA formally prohibits any user from using techniques known as "framing", "inlinelinking" and "deep-linking" relating to the unauthorized servile reproduction of the content of the Site and its integration on web pages published by third parties.
ARTICLE 18: JAIIOFOREVER
Items stamped jaiioFOREVER can be exchanged for a voucher worth 70% of their purchase price including tax within 6 months of their purchase.
The item must have been purchased from jaiio and be part of the jaiioFOREVER selection.
When you purchase a jaiioFOREVER item, the maximum date for accepting exchanges will be indicated on the order confirmation.
Joiia reserves the right to refuse the exchange if the condition of the item does not match the condition it was in when purchased.
The voucher is in euros including tax, valid for 12 months, and cannot be refunded.
ARTICLE 19: 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.
