TERMS AND CONDITIONS OF SALE – INTERNET
In force on 10/06/2019
ARTICLE 1 – SCOPE
These General Terms and Conditions of Sale (so-called “GTC”) apply. without restriction or reservation to all sales concluded by the Seller from non-professional buyers (“Customers or Customer”) wishing to acquire the products offered for sale (“Products”) by the Seller on the site https: // joyanafr / artgallery / The products offered for sale on the site are the following: • Works of art
The main features of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products. are presented on the site https://joyana.fr/ which the customer is required to read before ordering.
The choice and the purchase of a Product are the sole responsibility of the Customer.
Product offers are subject to availability, as specified at the time of placing the order.
These GTC are available at any time on the site https://joyana.fr/artgallery/ and will prevail over any other
The Customer declares to have taken knowledge of the present GTCS and to have accepted them by ticking the box provided for this purpose before the implementation of the online ordering procedure of the site https://joyana.fr/artgallery/
Unless proven otherwise. the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Customer.
The Seller’s contact details are as follows:
Jonathan Yana 8 DOMREMY STREET 13170 LE PENNES MIRABEAU Registration number 7420Z mail: [email protected] phone: 0622325137 VAT registration number 79319123000010
ARTICLE 2 – PRICE
The Products are supplied at the rates in effect on the site https://joyana.fr/artgallery/, at the time of registration of the order by the Seller.
The prices are printed in euros. HT and TTC.
The rates take into account possible reductions that would be granted by the Seller on the site https://joyana.fr/artgallery/.
These rates are firm and non-revisable during their period of validity but the Seller reserves the right, outside the validity period, to change prices at any time.
Prices do not include processing, shipping, transportation and delivery charges. which are invoiced in addition, in the conditions indicated on the site and calculated before the placing of the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is established by the Seller and delivered to the Customer upon delivery of the Products ordered.
ARTICLE 3 – ORDERS
It is up to the Customer to select on the site https://joyana.fr/artgallery/ the Products he wishes to order, according to the following modalities:
Product offers are valid as long as they are visible on the site. in the limit of the available stock.
The sale will be considered valid only after full payment of the price. It is the Customer’s responsibility to check the accuracy of the order and report any errors immediately.
All orders placed on the site https://joyana.fr/artgallery/ constitute the formation of a contract concluded at a distance between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over the payment of a previous order.
The Customer will be able to follow the evolution of his order on the site.
ARTICLE 3 A – CUSTOMER AREA – ACCOUNT
In order to order. the Customer is invited to create an account (personal space).
To do this. he must register by completing the form that will be proposed to him at the time of his order and undertakes to provide sincere and accurate information about his marital status and contact information, including his email address.
The Customer is responsible for updating the information provided. He is told that he can modify them by logging into his account.
To access his personal space and order history. the Customer must identify himself using his username and password which will be communicated to him after his registration and which are strictly personal. As such, the Customer prohibits any disclosure. On the other hand. he will remain solely responsible for the use that will be made of it.
The Customer may also request unsubscription by going to the dedicated page on his personal space or sending an email to: con[email protected]. This will be effective within a reasonable time.
In case of non-compliance with the general conditions of sale and / or use, the site https://joyana.fr/artgallery/ will have the possibility to suspend or close the account of a customer after formal notice sent by channel electronic and remained without effect.
Any account deletion, whatever the reason, causes the outright deletion of any personal information of the Customer.
Any event due to a case of force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in case of maintenance, does not engage the responsibility of the Seller.
The creation of the account entails the acceptance of these general conditions of sale.
ARTICLE 4 – PAYMENT TERMS
The price is paid by way of secure payment. as follows: • Payment by credit card The price is payable cash by the Customer, in full on the day of placing the order. Payment data is exchanged in encrypted mode thanks to the protocol defined by the payment provider
authorized agent for banking transactions carried out on the site https://joyana.fr/artgallery/.
Payments made by the Customer will not be considered final until the Seller has actually collected the sums due.
The Seller will not be obliged to proceed to the delivery of the Products ordered by the Customer if he does not pay the price in full under the conditions indicated above.
ARTICLE 5 – DELIVERIES
Products ordered by the Customer will be delivered in metropolitan France.
Deliveries occur within one week at the address indicated by the Customer when ordering
on the site.
Delivery consists of the transfer to the Customer of physical possession or control of the Product. Except in the special case or unavailability of one or more Products, the Products ordered will be delivered at one time.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the time specified above. However. These deadlines are provided for information only.
If the Products ordered have not been delivered within 3 weeks after the indicative delivery date. for any other cause than the force majeure or the fact of the Customer, the sale can be solved at the written request of the Customer under the conditions laid down in articles L 216-2. L 216-3 and L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him no later than fourteen days following the date of termination of the contract. excluding any compensation or withholding.
Deliveries are made by an independent carrier, to the address mentioned by the Customer when ordering and to which the carrier can easily access.
When the Customer has himself chosen to call on a carrier he chooses himself. the delivery is considered made as soon as the delivery of the Products ordered by the Seller to the carrier who accepted them without reserves. The Customer acknowledges that it is the carrier who is responsible for the delivery and has no recourse against the Seller in the event of failure to deliver the goods transported.
In case of special request of the Customer concerning the conditions of packing or transport of the products ordered. duly accepted in writing by the Seller, the related costs will be the subject of additional specific invoicing, upon quotation previously accepted in writing by the Customer.
The Customer is required to check the condition of the delivered products. It has a period of one week from the delivery to make claims by mail, accompanied by all the relevant supporting documents (photos in particular). After this period and failing to comply with these formalities, the Products will be deemed compliant and free from defects and no claim may be validly accepted by the Seller.
Seller will refund or replace as soon as possible and at its expense. Delivered Products whose defects of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 and following of the Consumer Code and those provided for in these GTCS.
The transfer of the risks of loss and deterioration relating thereto, will only be realized when the Customer physically takes possession of the Products. The Products therefore travel at the Seller’s risk, except when the Customer has chosen the carrier himself. As such risks are transferred at the time of delivery of the property to the carrier.
ARTICLE 6 – TRANSFER OF PROPERTY
The transfer of ownership of the Seller’s Products to the Customer will only be realized after full payment of the price by the latter. and regardless of the delivery date of said Products.
ARTICLE 7 – RIGHT OF WITHDRAWAL
Under the terms of Article L221-18 of the Consumer Code “The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance, following a canvassing telephone or out establishment. without having to justify its decision or to bear other costs than those provided for in Articles L. 221-23 to L. 221-25. The period mentioned in the first paragraph runs from the day of: 1 ° The conclusion of the contract, for service contracts and those mentioned in Article L. 221-4; • 2 ° the receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. For contracts concluded off premises, the consumer may exercise his right of withdrawal from the conclusion of the contract. In the case of an order for several goods delivered separately or in the case of an order for a good consisting of lots or multiple parts whose delivery is spread over a defined period, the period runs from the receipt the last good or lot or the last piece. For contracts providing for the regular delivery of goods during a defined period, the period runs from receipt of the first goods. “
The right of withdrawal can be exercised online, with the enclosed withdrawal form and also available on the site or any other declaration, without ambiguity, expressing the will to retract and in particular by mail addressed to the Seller to the postal or email address indicated in ARTICLE 1 of the GTC.
Returns are to be made in their original condition and complete (packaging accessories, instructions …) allowing their remarketing in new condition. accompanied by the purchase invoice.
Damaged, soiled or incomplete products are not taken back. The cost of return remains the responsibility of the Customer. The exchange (subject to availability) or refund will be made within 14 days from the receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article.
ARTICLE 8 – RESPONSIBILITY OF SELLER – GUARANTEES
The Products supplied by the Seller benefit from: • the legal guarantee of conformity, for defective Products damaged or damaged or not corresponding to the order, • the legal warranty against hidden defects resulting from a material defect, design or manufacturing affecting the delivered products and rendering them unfit for use,
Provisions relating to legal warranties Article L217-4 of the French Consumer Code “The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing during the contract.
deliverance. It also responds to the lack of conformity resulting from the packaging. installation or installation instructions when the latter has been charged to it by the contract or has been carried out under its responsibility.
Article L217-5 of the Consumer Code “The property conforms to the contract: 1 ° If it is fit for the customary use of a similar good and. where applicable: – if it corresponds to the description given by the seller and possesses the qualities that he has presented to the
the buyer as a sample or model:
if it has the qualities that a buyer can legitimately expect given the public statements made by the seller. by the producer or his representative. especially in advertising or labeling:
2 ° Or if it has the characteristics defined by mutual agreement by the parties or is fit for any purpose
the buyer, made known to the seller and accepted by the seller. “Article L217-12 of the Consumer Code” The action resulting from lack of conformity is prescribed by two years from the delivery of the property. Article 1641 of the Civil Code. “The seller is bound by the guarantee because of the hidden defects of the thing sold which render it unfit for
the use to which it is destined, or which so much diminish this use, that the purchaser would not have acquired it; or would have given a lower price, had he known them. “
Article 1648 paragraph 1 of the Civil Code
“The action resulting from the latent defects must be brought by the purchaser within two years from
the discovery of vice. “
Article L217-16 of the Consumer Code.
“When the buyer asks the seller. during the course of the commercial guarantee which was granted to him during the acquisition or the repair of a movable property, a restoration covered by the guarantee, any period of immobilization of at least seven days comes s’ add to the duration of the warranty that remained to run. This period runs from the request for intervention of the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention. “
In order to assert his rights. the Customer must inform the Seller, in writing (mail or mail), of the non-conformity
Products or the existence of hidden defects from their discovery.
Seller will refund. replace or cause to be repaired Products or parts under warranty deemed non-compliant or
The shipping costs will be refunded on the basis of the invoiced price and the expenses of return will be refunded on
presentation of supporting documents.
Refunds, replacements or repairs of Products found to be non-compliant or defective will be made as soon as possible and at the latest within one week after the Seller finds the lack of conformity or hidden defect. This refund can be made by bank transfer or check.
The Seller can not be held liable in the following cases: • Failure to comply with the legislation of the country in which the products are delivered, which is the responsibility of the Customer to check. • in case of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in case of normal wear of the Product, accident or force majeure. • The photographs and graphics presented on the site are not contractual and can not engage the responsibility of the Seller.
The Seller’s warranty is, in any event, limited to the replacement or refund of the Products not
compliant or defective.
ARTICLE 9 – PERSONAL DATA
The Customer is informed that the collection of his personal data is necessary for the sale of the Products by the Seller as well as their transmission to third parties for the delivery of the Products. This personal data is collected only for the execution of the contract of sale.
9.1 Collection of personal data The personal data which are collected on the site https://joyana.fr/artgallery/ are the following: Opening of an account During the creation of the account Client / user: Names, first names, address postal code, telephone number and e-mail address. Payment
As part of the payment of the Products offered on the site https://joyana.fr/artgallery/. it records financial data relating to the bank account or credit card of the Client / User.
9.2 Addressees of personal data Personal data are reserved for the sole use of the Seller and his employees. 9.3 Treatment manager
The data controller is the Seller, within the meaning of the Data Protection Act and from May 25, 2018 of the Regulation 2016/679 on the protection of personal data.
9.4 limitation of treatment
Unless the Customer expressly agrees, his personal data is not used for advertising or marketing purposes.
9.5 Retention period of data
The Seller will store the collected data for a period of 5 years, covering the period of limitation of the applicable contractual liability.
9.6 Security and confidentiality
The Seller implements organizational, technical, software and physical security measures for the protection of personal data against unauthorized alteration, destruction and access. However, it should be noted that the Internet is not a completely secure environment and the Seller can not guarantee the security of the transmission or storage of information on the Internet.
9.7 Implementation of the rights of Customers and users
In application of the regulations applicable to the personal data, the Clients and users of the site https://joyana.fr/artgallery/ have the following rights: • They can update or delete the data concerning them as follows :
In My Account, delete the account.
• They can delete their account by writing to the email address indicated in article 9.3 “Person in charge of treatment” • They can exercise their right of access to know the personal data concerning them by writing to the address indicated in the Article 9.3 “Person in charge of processing” • If the personal data held by the Seller are inaccurate, they may request the updating of the information of the information by writing to the address indicated in Article 9.3 “Person in charge of processing” • They may request the deletion of their personal data in accordance with applicable data protection laws by writing to the address indicated in Article 9.3 “Data controller” • They may also request the portability of data held by the Seller to another provider • Finally, they may oppose the processing of their data by the Seller
These rights, provided that they do not conflict with the purpose of the processing, may be exercised by sending a request by mail or by e-mail to the Processing Manager whose details are given above.
The controller must provide a response within a maximum of one month. In case of refusal to grant the Customer’s request. it must be motivated. The Customer is informed that in case of refusal, he can lodge a complaint with the CNIL (3 place de Fontenoy.
75007 PARIS) or seize a judicial authority.
The Customer may be asked to tick a box under which he agrees to receive informative and advertising emails from the Seller. He will always be able to withdraw his agreement at any time by contacting the Seller (contact details above) or by following the unsubscribe link.
ARTICLE 10 – INTELLECTUAL PROPERTY
The content of the site https://joyana.fr/artgallery/ is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.
ARTICLE 11 – APPLICABLE LAW – LANGUAGE
These Terms and the resulting transactions are governed by and subject to French law.
These Terms are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in case of dispute.
ARTICLE 12 – DISPUTES
For any complaint please contact customer service at the address or mail address of the Seller indicated at
ARTICLE 1 of these GTCS.
The Client is informed that he may in any case resort to a conventional mediation, with the existing sectoral mediation bodies or any alternative method of dispute resolution (conciliation, for example) in case of dispute.
In this case, the designated mediator is
E-mail : .
The Customer is also informed that he can. also use the Online Dispute Resolution (OLL) platform: https: //webgate.ec.europa.eu/odr/main/index.cfm? event = main.home.show
All disputes to which the purchase and sale transactions concluded in application of the present GTCS and which would not have been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts under the conditions of right common.
This form must be completed and returned only if the Customer wishes to retract the order placed on https://joyana.fr/artgallery/ except exclusions or limitations to the exercise of the right of withdrawal according to the applicable Terms of Sale. For the attention of Jonathan Yana 8 DOMREMY STREET 13170 LE PENNES MIRABEAU I hereby give notice of the withdrawal of the contract relating to the property below: – Order of (indicate date) – Number of the order • – Name of the Customer • – Customer’s address:
Signature of the Client (only in case of notification of this form on paper)