Article 1
– Scope of application
The present General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by Adrien Jaïs (“the Seller”) with consumers and non-professional buyers (“the Customers or the Customer”), wishing to purchase the products offered for sale by the Seller (“the Products”) on the galeriejais.com website.
They specify in particular the conditions of order, payment, delivery and management of possible returns of the Products ordered by the Customers.
These General Terms and Conditions of Sale may be supplemented by special conditions, set out on the Internet site, before any transaction with the Customer.
These General Terms and Conditions of Sale apply to the exclusion of all other conditions, in particular those applicable to sales in stores or through other distribution and marketing channels.
They are accessible at any time on the galeriejais.com website and will prevail, if necessary, over any other version or any other contradictory document.
As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer’s purchase is the one in force on the website at the date the order is placed.
The modifications of these General Terms and Conditions of Sale are opposable to the users of the galeriejais.com website from the moment they are put online and cannot be applied to transactions concluded previously.
Article 2
– Products offered for sale
The Products offered for sale on the galeriejais.com website are second-hand Products whether they are: furniture, lighting, ceramics, glassware, tapestries, sculptures, paintings, art objects.
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products are presented on the galeriejais.com website.
The “conditions” tab of the Product sheet describes the condition and the various restorations of the Product.
The Customer is required to read it before placing an order.
The choice and purchase of a Product is the sole responsibility of the Customer.
The photographs and graphics presented on the galeriejais.com website are not contractual and do not engage the responsibility of the Seller.
The Customer is required to refer to the description of each Product in order to know its properties, essential characteristics and delivery times.
The contractual information is presented in French and is subject to confirmation at the latest at the time of validation of the order by the Customer.
The Products presented on the website galeriejais.com are offered for sale in the following territories: Andorra, Argentina, Australia, Austria, Belgium, Brazil, Bulgaria, Canada, China, Colombia, Cyprus, Saudi Arabia, South Africa, South Korea, Croatia, Denmark, Dominican Republic, Dominica, Ecuador, Egypt, Estonia, Fiji, Finland, France, Georgia, Germany, Greece, Guyana, Honduras, Hungary, Iceland, India, Indonesia, Ireland, Israel, Italy, Jamaica, Japan, Lebanon, Spain, United Arab Emirates, United States, Liechtenstein, Lithuania, Luxembourg, Northern Macedonia, Malaysia, Maldives, Malta, Morocco, Mexico, Moldova, Monaco, Mongolia, Montenegro, Netherlands, New Zealand, Norway, Papua New Guinea, Peru, Philippines, Poland, Portugal, Qatar, Romania, Russia, United Kingdom, Serbia, Singapore, Slovakia, Slovenia, Sweden, Switzerland, Czech Republic, Thailand, Turkey, Ukraine, Uruguay, Vanuatu, Vatican City, Venezuela, Vietnam.
In the event of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned.
Customs duties or other local taxes or import duties or state taxes may be payable. They will be charged and are the sole responsibility of the Customer.
Article 3
– Period of validity of the offer of Products
Product offers are subject to availability of stock, as specified when the order is placed.
Article 4
– Seller’s contact information
Product offers are subject to availability of stock, as specified when the order is placed.
The Seller’s contact information is as follows:
Adrien Jaïs
SIRET : 89347670500015
101 rue de Sèvres
LOT 1674
75006
Paris
contact@galeriejais.com
+33 (0)6 75 29 09 97
In accordance with the French Data Protection Act of January 6, 1978, reinforced and supplemented by the RGPD (general regulations on data protection) which came into force on May 25, 2018, the Customer has, at any time, a right of access, rectification, opposition, deletion and portability of all his personal data by writing, by mail and by proving his identity, to the address of the Seller, mentioned above.
The validation of the order by the Customer constitutes acceptance without restriction or reservation of these General Terms and Conditions of Sale.
The Customer acknowledges having the required capacity to contract and acquire the Products offered on the galeriejais.com website.
Article 5.1
– Placing the order
It is the Customer’s responsibility to select the Products he wishes to order from the galeriejais.com website, according to the following terms and conditions:
- Adding a Product to the shopping cart,
- Summary of the basket,
- Order taking, registration (optional) or customer identification,
- Confirmation of delivery terms,
- Choice of payment method,
- Payment,
- Confirmation,
- Follow-up of order.
The Customer has the possibility to check the details of his order, its total price and to correct possible errors before confirming his acceptance. It is the Customer’s responsibility to verify the accuracy of the order and to report or correct any errors immediately.
The registration of an order on the galeriejais.com website is carried out when the Customer accepts the present General Terms and Conditions of Sale by ticking the box provided for this purpose and validates his order. This validation implies the acceptance of the entirety of the present General Terms and Conditions of Sale as well as the general terms and conditions of use of the galeriejais.com website.
The sale is final only after the Customer has received confirmation of acceptance of the order by the Seller by e-mail, which must be sent without delay and after the receipt by the latter of the entire price and after the receipt by the latter of the entire deposit due.
Any order placed, validated by the Customer and confirmed by the Seller, under the conditions and according to the methods described above, on the galeriejais.com website constitutes the formation of a contract concluded remotely between the Customer and the Seller.
Unless proven otherwise, the data recorded in the Seller’s computer system constitutes proof of all the transactions concluded with the Customer.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over payment of a previous order, in the event of suspicions of money laundering or terrorist financing.
The Customer will be able to follow the evolution of his order on the website galeriejais.com.
Article 5.2
– Modification of the order
Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be modified.
Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be cancelled, except in the case of exercise of the right of withdrawal or force majeure.
Article 6
– Rates
The Products are supplied at the prices in force on the galeriejais.com website, at the time of the registration of the order by the Seller. The prices are expressed in Euros, including all taxes.
The prices take into account any reductions that may be granted by the Seller on the galeriejais.com website.
These prices are firm and non-revisable during their period of validity, as indicated on the galeriejais.com website. The Seller reserves the right, outside this period of validity, to modify the prices at any time. They do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the galeriejais.com website and calculated prior to the placing of the order.
If the Customer requests a faster or more expensive shipping method than the standard shipping method, the additional shipping costs, as they appear at the time of the validation of the order by the Customer, are entirely at the Customer’s expense.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
Possible specific orders from the Customer may be considered. If necessary, they will be the subject of an estimate previously accepted by the Customer. Estimates drawn up by the Seller are valid for a period of 7 days from their date of issue.
Orders based on estimates are considered accepted only after payment of a deposit of 30% of the amount of the order.
An invoice is drawn up by the Seller and given to the Customer upon delivery of the Products ordered.
Article 7
– Terms of payment
The price is payable in full, in cash, on the day the Customer places the order the shipment of the order by the Seller the delivery of the Products ordered, by secure payment, according to the following terms and conditions:
- credit cards,
- ApplePay,
- Paypal,
- by electronic wallet,
- by bank transfer.
Payment by credit card is irrevocable, except in case of fraudulent use of the card. In this case, the Customer may request the cancellation of the payment and the return of the corresponding sums.
Payment data is exchanged in encrypted mode using SSL protocol.
The Seller shall not be required to deliver the Products ordered by the Customer if the Customer does not pay the price in full under the conditions and as indicated above.
The payments made by the Customer shall not be considered final until the Seller has received the sums due.
Payment by credit card is irrevocable, except in the event of fraudulent use of the card. In this case, the Customer may request the cancellation of the payment and the return of the corresponding sums.
In the event of payment by bank check, the check must be issued by a bank domiciled in metropolitan France or Monaco.
The payment data are exchanged in encrypted mode using the SSL protocol.
The payments made by the Customer will be considered final only after effective collection of the sums due, by the Seller.
In addition, the Seller reserves the right, in the event of non-compliance with the terms of payment listed above, to suspend or cancel the delivery of orders in progress made by the Customer.
No additional costs, in excess of the costs incurred by the Seller for the use of a means of payment may be charged to the Customer.
Article 8.1
– Deliveries
The Products ordered by the Customer will be delivered in metropolitan France (and in the following countries “Indicate the countries of delivery”) within a period of 14 days as from the dispatch of the order : the dispatch time indicated on the Product sheet to which is added the processing and delivery time – to the address indicated by the Customer when ordering on the galeriejais.com website.
Delivery is the transfer of physical possession or control of the Product to the Customer.
Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in a single delivery.
The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer within the time limits specified above. However, these deadlines are communicated for information purposes only. If the Products ordered have not been delivered within a 30 days after the indicative delivery date, for any reason other than force majeure or the Customer’s fault, the sale may be cancelled at the Customer’s written request under the conditions provided for in Articles L 216-2 L 216-3 L241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of termination of the contract, to the exclusion of any compensation or deduction.
In the event of non-conformity of the Product delivered, the Seller – undertakes to remedy the non-conformity or to reimburse the Customer, as indicated in the article – “Seller’s Liability – Warranty”.
The Seller shall bear the risks of transport and shall be required to reimburse the Customer in the event of damage caused during transport.
Article 8.2
– Deliveries by an Independent Carrier
Deliveries are made by an independent carrier, to the address mentioned by the Customer at the time of the order and to which the carrier can easily access.
When the Customer has itself chosen a carrier of its own choosing, delivery shall be deemed to have been made as soon as the Products ordered by the Seller have been handed over to the carrier, which has accepted them without reservation. The Customer therefore acknowledges that it is the responsibility of the carrier to make the delivery and has no warranty claim against the Seller in the event of non-delivery of the goods transported.
In the event of a special request by the Customer concerning the packaging or transport conditions of the ordered products, duly accepted in writing by the Seller, the related costs will be subject to a specific additional invoice, based on an estimate previously accepted in writing by the Customer.
Article 9
– Transfer of Ownership – Transfer of Risk
The transfer of ownership of the Seller’s Products to the Customer shall only take place after full payment of the price by the Customer, regardless of the date of delivery of said Products.
Regardless of the date of the transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto shall only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller’s risk and peril.
Article 10
– Right of retraction
In accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the Product to exercise its right of withdrawal from the Seller, without having to justify its reasons or pay any penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within seven days of notifying the Seller of the Customer’s decision to withdraw from the contract.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be put back on the market in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products are not accepted.
The right of retraction can be exercised online, using the retraction form available on the website galeriejais.com in which case an acknowledgement of receipt will be immediately communicated to the Customer by the Seller, or any other declaration, free of ambiguity, expressing the will to retract.
In the event of exercise of the right of retraction within the above-mentioned time limit, only the price of the Product(s) purchased and the delivery costs will be reimbursed; the return costs will be borne by the Customer.
Reimbursement shall be made within 14 days of notification to the Seller of the decision to withdraw.
Article 11
– Responsibility of the Seller – Warranty
The Products sold on the galeriejais.com website comply with the regulations in force in France and have performances that are compatible with non-professional uses.
The Products supplied by the Seller benefit by right and without additional payment, independently of the right of retraction, in accordance with the legal provisions, the legal guarantee of conformity, for Products that are apparently defective, damaged or damaged or do not correspond to the order, the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and making them unfit for use, under the conditions and according to the terms and conditions referred to in the box below and defined in the appendix to these General Terms and Conditions of Sale (Conformity Warranty / Hidden Defects Warranty).
It is recalled that under the legal guarantee of conformity, the Customer has a period of two years from the delivery of the goods to take action against the Seller; – may choose between repair or replacement of the Product ordered, subject to the cost conditions set forth in Article L 217-9 of the French Consumer Code; is exempt from having to provide proof of the existence of the Product’s lack of conformity during the twenty-four months following delivery of the Product.
The legal guarantee of conformity applies independently of the commercial guarantee that may possibly cover the Product. The Customer may decide to implement the guarantee against hidden defects Product in accordance with Article 1641 of the Civil Code; in this case, he may choose between cancellation of the sale or a reduction of the sale price in accordance with 1644 of the Civil Code.
In order to assert its rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of 14 days from the delivery of the Products or from the discovery of the hidden defects within the above-mentioned periods and return or bring back to the store the defective Products in the state in which they were received with all the elements (accessories, packaging, instructions, etc.).
The Seller shall reimburse, replace or repair Products or parts under warranty that are deemed to be non-compliant or defective.
Shipping costs will be reimbursed on the basis of the invoiced price and the return shipping costs will be reimbursed upon presentation of supporting documents.
Reimbursement of Products found to be non-conforming or defective shall be made as soon as possible and no later than 14 days following the Seller’s discovery of the non-conformity or latent defect.
Reimbursement shall be made by crediting the Customer’s bank account or by bank check sent to the Customer.
The Seller shall not be liable in the following cases:
non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to check, in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the Product, accident or force majeure.
The Seller’s warranty is, in any event, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.
Article 12
– Protection of personal data
In application of the law 78-17 of January 6, 1978 modified by the law n°2018-493 of June 20, 2018, it is reminded that the personal data requested from the Customer are necessary for the processing of his order and the establishment of invoices, in particular.
This data may be communicated to any partners of the Seller in charge of the execution, processing, management and payment of orders.
The processing of the information communicated through the website galeriejais.com meets the legal requirements in terms of protection of personal data, the information system used ensuring optimal protection of this data.
The Customer has, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification, opposition of portability and limitation of the treatment concerning the information concerning him.
This right can be exercised under the conditions and according to the modalities defined on the website galeriejais.com.
Article 13
– Intellectual property
The content of the galeriejais.com website is the property of the Seller and its partners and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an offence of counterfeiting.
Article 14
– Foresight
In the event of a change in circumstances unforeseeable at the time of the conclusion of the contract, in accordance with the provisions of Article 1195 of the Civil Code, the Party who has not agreed to assume an excessively onerous risk of performance may request a renegotiation of the contract from its co-contracting party.
Article 15
– Force majeure
The Parties may not be held liable if the non-execution or delay in execution of any of their obligations, as described herein, results from a case of force majeure, as defined in Article 1218 of the Civil Code.
Article 16
– Applicable law – Language
The present General Terms and Conditions of Sale and the operations resulting from them are governed by French law.
They are written in French. In the event that they are translated into one or more languages, only the French text shall be deemed authentic in the event of a dispute.
Article 17
– Disputes
All the litigations to which the operations of purchase and sale concluded in application of the present general conditions of sale could give place, concerning so much their validity, their interpretation, their execution, their cancellation, their consequences and their consequences and which could not be solved between the salesman and the customer will be subjected to the courts of competent jurisdiction under the conditions of common law.
The Customer is informed that he can in any case resort to conventional mediation, in particular with the Commission de la médiation de la consommation (C. consom. art. L 612-1) or with the existing sectorial mediation bodies, whose references are listed on the website galeriejais.com, or to any alternative means of dispute resolution (e.g. conciliation) in the event of a dispute.
Article 18
– Pre-contractual information
– Acceptance of the Customer
Article L. 217-4 of the Consumer Code
The seller is obliged to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his charge by the contract or has been carried out under his responsibility.
Article L. 217-5 of the Consumer Code
To be in conformity with the contract, the good must :
Be fit for the purpose usually expected of similar goods and, where appropriate :
correspond to the description given by the seller and have the qualities that the seller has presented to the buyer in the form of a sample or model
have the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling
Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L. 217-12 of the Consumer Code
The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.
Article L. 217-16 of the Consumer Code
When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the date of the buyer’s request for intervention or from the time the item in question is made available for repair, if this availability is subsequent to the request for intervention.
Article 1641 of the Civil Code
The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lower price, if he had known about them.
Article 1648 paragraph 1 of the Civil Code
The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.
Appendix 1
– PROVISIONS RELATING TO LEGAL GUARANTEES
The fact for a natural person (or legal entity) to order on the galeriejais.com website implies full and complete adherence and acceptance of the present General Terms and Conditions of Sale and the obligation to pay for the Products ordered, which is expressly recognized by the Customer, who renounces, in particular, to take advantage of any contradictory document, which would be unenforceable against the Seller.
Appendix 2
– WITHDRAWAL FORM
The present form must be completed and returned only if the Customer wishes to withdraw from the order placed on galeriejais.com, except for exclusions or limitations to the exercise of the right of withdrawal according to the applicable Terms and Conditions of Sale.
To the attention of :
Adrien Jaïs
35 Boulard Street
75014 Paris
France
Order from (date) :……………………………………………
Order number: …………………………………………………
Customer Name: ………………………………………………
Customer Address: ……………………………………………
Customer’s signature (only in case of notification of this form on paper):