General terms and conditions

Effective date : June 2022

1. Object
The present general terms and conditions of sale apply without restriction or reserve to all online sales offered by the company Design by Jaler on the website www.design-by-jaler.com (hereinafter: “the Site”).
The Site is an e-commerce platform, which allows Internet users (hereinafter: “the Buyers”) to acquire various works of art, put on sale on the Site (hereinafter: “the Works”).
The purchase of Works is accessible to both private buyers (hereinafter: “the Private Buyers”) and professional buyers (hereinafter: “the Professional Buyers”).
The purpose of these general conditions is to define the terms and conditions of the online sale and delivery of the Works, as well as to define the rights and obligations of the parties in this context.
They are accessible and printable at any time via a direct link at the bottom of the Site.
The applicable version of the general terms and conditions is the one that can be consulted online on the Site on the date of the Buyer's order.
The present general terms and conditions of sale prevail over all other general or particular terms and conditions not expressly approved by Design by Jaler.
They can be completed, if necessary, by specific conditions of use for certain services offered on the Site, which complete the present general conditions and, in case of contradiction, prevail over the latter.

2. Identity of the seller and contact
The Site is operated by the company Design by Jaler, SAS registered with the RCS of Paris under the number 820920734, whose head office is located at 51 avenue Daumesnil 75012 Paris, which offers the Works for sale.
Design by Jaler can be contacted at the following address, in particular for any complaint:
Telephone: +33 9 63 68 48 57
E-mail address: info@design-by-jaler.com

3. Legal capacity and acceptance of the general conditions
3.1 Legal Capacity
The Site is accessible :
- To any natural person with full legal capacity to commit to these general conditions. A natural person who does not have full legal capacity may only access the Site with the agreement of his/her legal representative.
- To any legal entity acting through a natural person who has the legal capacity to contract in the name and on behalf of the legal entity.

3.2 Acceptance of the general conditions
Acceptance of the present general conditions is materialised :
- by a checkbox in the order form for Individual Buyers or,
- by a checkbox when creating the account (hereinafter: “the Account”) for Professional Buyers.
This acceptance can only be full and complete. Any conditional acceptance is considered null and void.
A Buyer who does not agree to be bound by these terms and conditions must not place an order on the Site.

4. Articulation with the general conditions of the payment service provider
All payments made through the Platform are handled by the payment service provider indicated on the Platform (the “Payment Service Provider”).
The Buyer shall contract directly with the Payment Service Provider with regard to the implementation of such payments, by accepting its terms and conditions, through a tick box on the Platform.
If the Payment Service Provider refuses or terminates the Buyer's subscription, the Buyer cannot order Works on the Site.
Conversely, the end of the contractual relationship between the Buyer and Design by Jaler leads to the termination of the Buyer's contract with the Payment Service Provider.
In case of contradiction between the general terms and conditions of the Payment Service Provider and the General Terms and Conditions of Design by Jaler, the latter shall prevail.
The Buyer expressly mandates Design by Jaler to transmit to the Payment Service Provider all its instructions relating to the payments made on the Site.

5. Registration on the Site
5.1 Registration of Buyers
Placing an order on the Site requires the Buyer to register by filling in the form provided for this purpose on the Site.
In all cases, the Buyer must provide all the information marked as mandatory. Any incomplete registration will not be validated.
The registration automatically leads to the opening of an Account in the name of the Buyer giving him access to a personal space (hereinafter: the “Personal Space”) that allows him to manage his purchases in a form and according to the technical means that Design by Jaler deems the most appropriate.
The Buyer guarantees that all the information he gives in the registration form is accurate, up to date and sincere and is not misleading.
He/she undertakes to update this information in his/her Personal Space in the event of modifications (in particular: change of postal address), so that it always corresponds to the above-mentioned criteria.
The Buyer is informed and accepts that the information entered for the purpose of creating or updating his/her Account is proof of his/her identity. The information entered by the Buyer is binding upon validation.
The Buyer may access his/her Personal Space at any time after having identified him/herself using his/her connection identifier and password.
The Buyer undertakes to use his Account personally and not to allow any third party to use it in his place or on his behalf, unless he bears full responsibility.
The Buyer is likewise responsible for maintaining the confidentiality of his/her login and password, any access to the Site using the latter being deemed to have been made by the Buyer. The latter must immediately contact Design by Jaler at the coordinates mentioned in the article “Identity of the seller and contact” of the present document if he notices that his Account has been used without his knowledge. He acknowledges the right of Design by Jaler to take all appropriate measures in such a case.

5.2 Specific procedure for Professional Buyers
Access to the purchase of Works for Professional Buyers is reserved for professionals, understood as any individual or legal entity acting for purposes within the framework of its commercial, industrial, artisanal, liberal or agricultural activity, including when it acts in the name or on behalf of another professional.
When creating an Account, the Professional Buyer undertakes to register as a Professional Buyer. Upon receipt of the Account creation request, Design by Jaler contacts the Professional Buyer in order to provide him with the documents necessary for the creation of the Account and in particular his Kbis.
Upon receipt of these documents, Design by Jaler will send his login and password to the Professional Buyer directly by email so that he can finalize the creation of his Account.

6. Characteristics of the Products
Prior to any online order and in application of the provisions of article L111-1 of the Consumer Code, the Buyer can read, on the Site, the characteristics of each Work he/she wishes to order.
The Works are offered for sale online within the limits of available stocks.
The photographs and descriptions of the Works offered for sale online are as accurate as possible. They only commit Design by Jaler for what is precisely indicated. The Buyer is however informed and accepts that some characteristics of the Works and notably their colour may not correspond exactly to the photographs presented on the Site, due to technical constraints.

7. Order
7.1 Placing an order
To place an order, the Buyer must select the Work of his/her choice and place it in his/her basket.
He can access the summary of his basket at any time as long as the order is not definitively validated and can correct any errors in the elements entered.
The order is considered to be received by Design by Jaler when it can access it.
As part of his order, the Buyer is invited to provide his contact information for delivery and billing purposes. He must fill in all the fields marked as mandatory in the form provided for this purpose. Orders that do not include all the required information cannot be validated.
The Buyer guarantees that all the information he/she provides in the order form is accurate, up-to-date and sincere and is not misleading.
He is informed and accepts that this information is proof of his identity and commits him as soon as it is validated.

7.2 Order confirmation
At the end of the order, the Buyer receives an email confirmation of the order which :
(i) summarises the elements of the order and the expected delivery time,
(ii) includes the general terms and conditions in force on the day of the order.
The Buyer must ensure that the details entered in his Account or communicated at the time of his order are correct and that they allow him to receive the order confirmation email. If he does not receive it, the Buyer must contact Design by Jaler at the address mentioned in article 2.
Design by Jaler recommends the Buyer to keep the information contained in the order confirmation.
The order confirmation is deemed to have been received by the Buyer when he can access it.

7.3 Specific ordering procedures
Design by Jaler can also be contacted, through their Account, by :
- Any Professional Buyer who does not wish to order through the Site and who requests a quote from Design by Jaler;
- Any Buyer who wishes to acquire customizable Works.

8. Prices and payment terms
8.1 Prices
The sale prices of the Works are displayed on the Site and depend on whether the Buyer is an Individual or a Professional.
They are indicated in euros, all taxes included (French VAT and other applicable taxes).
Design by Jaler reserves the right, at its own discretion and according to the terms and conditions it will be the sole judge, to propose promotional offers or price reductions.
The prices do not include the delivery costs that may be applicable to the delivery of the Works, invoiced in addition to the price of the Works. The amount of the applicable delivery costs will be indicated before the validation of the order by the Purchaser.
The applicable price is the one displayed on the Site at the time the Buyer's order is registered.
Attention: Outside the European Union and in the French overseas departments and territories (DOM-TOM), customs duties or local taxes may be payable and may be invoiced upon receipt of the package by the Buyer, in addition to the price paid to Design by Jaler. These duties and taxes, of which Design by Jaler cannot determine the exact amount in advance and of which it cannot therefore inform the Buyer prior to his order, remain at the Buyer's expense, who is solely responsible for the proper completion of any declarations and/or formalities related to them.

8.2 Terms of Payment
The full price of the Works is payable at the time of ordering.
Payment may be made online by credit card, through the secure online payment service indicated on the Site or by any other means that will be proposed on the Site at the time of the order.
The Buyer guarantees Design by Jaler that he has the necessary authorizations to use the chosen payment method.
Design by Jaler reserves the right to suspend or cancel any order and/or delivery in case of non-payment of any amount due by the Buyer, in case of payment incident, or in case of fraud or attempted fraud related to the use of the Site.
Penalties of an amount equal to 1.5 times the French legal interest rate shall be applicable by operation of law to the Individual Buyer for unpaid amounts from the first presentation of a formal notice by registered letter with acknowledgement of receipt.
Penalties of an amount equal to 3 times the legal interest rate, based on the amount of the sums not paid on the due date and a fixed indemnity of 40 euros for collection costs shall be applicable to Professional Buyers, without prejudice to additional compensation if the collection costs actually incurred are higher than this amount.
Purchase invoices will be sent to the Buyer by email.

8.3 Retention of title
Design by Jaler keeps the full and complete property of the sold Works until the full payment of the price, including delivery costs.

9. Delivery
9.1 Territory of delivery
The Site indicates, for each Work offered for sale, the possible delivery territories for this Work.
Delivery of the Works ordered on the Site will be made to the address indicated at the time of the Buyer's order as the “delivery address” (which may be different from the billing address), provided that it is located in the possible delivery territory for the Works concerned.

9.2 Delivery methods
Different delivery methods may be possible, depending on the categories of Works and their weight.
The Purchaser is informed before the validation of his/her order of the possible delivery methods for the Work ordered, as well as the times and costs corresponding to each of these methods.
The Purchaser must select the desired delivery method and provide all the information necessary for the effective delivery of the Work by this method.

9.3 Delivery times
Delivery is made within the period indicated in the order confirmation email.
If delivery is not made within the above-mentioned period, the Buyer may cancel the order, by registered letter with acknowledgement of receipt or by a written document on another durable medium, if, after having requested Design by Jaler, in the same manner, to make the delivery within a reasonable additional period, it has not done so within this period.
The contract is considered to be terminated upon receipt by Design by Jaler of the letter or writing informing it of this termination, unless it has performed in the interim.
In case of termination of the contract as described above, the Buyer will be reimbursed for all sums paid, including delivery costs, at the latest within 14 (fourteen) days following the date on which the contract was terminated.
Design by Jaler reserves the possibility in any case to approach the Buyer in order to propose alternative solutions for the reimbursement of the price of the Works and the delivery costs. The Buyer will have to express explicitly and on a durable medium his acceptance of the choice of an alternative method of reimbursement.

10. Legal guarantees
The Buyer benefits from the legal guarantees of non-conformity as well as for hidden defects of the sold item.
If the Buyer notices that the Work delivered to him has a defect, a non-conformity or is damaged, he must inform Design by Jaler at the address mentioned in article 2 of the present document, indicating the nature of the defect, the non-conformity or the damage noticed and sending all useful proof, in particular in the form of photograph(s).
Design by Jaler will organise the return with the carrier of its choice and will inform the Buyer by any useful means. Design by Jaler will bear the costs of this return.
The Works must imperatively be returned to Design by Jaler in their original packaging. They must be accompanied by a copy of the corresponding purchase invoice.
The returns of the Works that do not comply with the above-mentioned conditions cannot be taken into account.
Design by Jaler will proceed to the necessary verifications and will propose to the Buyer the replacement of the Work if possible. If the replacement of the Work is impossible, Design by Jaler will reimburse the Buyer the full price paid for the Work as well as the corresponding delivery costs, by any useful means, as soon as possible and at the latest within 14 (fourteen) days following the date on which Design by Jaler has informed the Buyer of the impossibility of replacing the Work.

It is reminded that, when he acts in legal guarantee of conformity, any consumer :
- has a period of 2 (two) years from the delivery of the good to act;
- may choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L217-9 of the Consumer Code;
- is exempted from proving the existence of the lack of conformity of the good during the 24 (twenty-four) months following its delivery.
It is also recalled that the legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
Any consumer may also decide to implement the guarantee against hidden defects in the item sold within the meaning of Article 1641 of the Civil Code. In this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.

11. Obligations of the Buyers

11.1 Buyers are solely responsible for the use they make of the Works. It is their responsibility to check the suitability of the Works for their specific needs prior to purchasing said Works.
They must also take the necessary measures to save by their own means the information in their Personal Space that they deem necessary, no copy of which will be provided to them.

11.2 Finally, it is up to the Buyers to take all appropriate measures to protect their own data and/or software stored on their computer equipment against any attack.

11.3 The Buyers undertake to respect the laws and regulations in force and not to infringe the rights of third parties or public order.
In particular, they undertake to respect the regulations in force in the field of the sale of works of art.
In particular, Professional Buyers are solely responsible for keeping a register of movable objects, in compliance with the conditions set out in Article 321-7 of the Penal Code.

12. Responsibility of Design by Jaler

12.1 Design by Jaler commits to regularly check the functioning and accessibility of the Site. In this respect, Design by Jaler reserves the right to momentarily interrupt access to the Site for maintenance reasons. Similarly, Design by Jaler cannot be held responsible for difficulties or temporary impossibility to access the Site due to external circumstances, force majeure, or due to disturbances of the telecommunication networks.

12.2 Design by Jaler does not provide the Buyer with any guarantee regarding the adaptation of the Works to his needs, expectations or constraints.

12.3 Design by Jaler cannot be held responsible for the non-execution or delay in the execution of the sales contracts due to circumstances that are external to it or to a case of force majeure, being expressly specified that are considered as cases of force majeure, in addition to those usually retained by the jurisprudence of the French courts: exceptional weather conditions, natural disasters, fires and floods, lightning, attacks, breakdown or blockage of telecommunication networks, means of transport or postal services, including as a result of strikes, damage caused by viruses for which the security means available on the market do not allow their eradication, as well as any legal or regulatory obligation or public order imposed by the competent authorities and which would have the effect of substantially modifying these general conditions.

12.4 Design by Jaler commits itself to communicate all information allowing to inform as well as possible the characteristics of the Works purchased by the Buyers.
In this respect, Design by Jaler commits to provide the Buyers with all the information necessary to identify the beneficiary(ies) of the resale right resulting from the sale of a Work. It is up to the Buyers to take all necessary steps to identify the beneficiary(ies).

12.5 In any case, the liability that may be incurred by Design by Jaler under the present contract is expressly limited to the direct damage suffered by the Buyers.

13. Intellectual property
The systems, software, structures, infrastructures, databases and contents of any kind (texts, images, visuals, music, logos, brands, databases, etc.) used by Design by Jaler within the Site are protected by all intellectual property rights or rights of producers of databases in force. All disassembling, decompiling, decrypting, extracting, reusing, copying and more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of Design by Jaler are strictly prohibited and may be subject to legal proceedings.

14. Personal data
Design by Jaler has a personal data protection policy, the characteristics of which are set out in the document entitled “Personal data protection charter”, which the Buyer is expressly invited to read.

15. Prohibited behaviours

15.1 The following are strictly prohibited (i) any behaviour likely to interrupt, suspend, slow down or prevent the proper functioning of the Site, (ii) any intrusions or attempted intrusions into the systems of Design by Jaler, (iii) any misappropriation of the system resources of the Site, (iv) any actions likely to impose a disproportionate burden on the infrastructures of the latter, (v) any infringement of the security and authentication measures, (vi) any acts that may harm the financial, commercial or moral rights and interests of Design by Jaler or of the users of its Site, (vii) any practice that diverts the Site for purposes other than those for which it was designed and, finally, more generally, (viii) any breach of these general conditions or of the laws and regulations in force.

15.2 It is also strictly forbidden to monetise, sell or grant access to the Site or any part of it, as well as the information it contains.

15.3 Any commercial exploitation of the Works by the Buyers is prohibited, and in particular any resale or distribution for consideration.

15.4 In case of breach of any of the provisions of the present article or more generally, of infringement of the laws and regulations, Design by Jaler reserves the right to take all appropriate measures and to initiate any legal action.

16. Unsubscription
The Buyer can unsubscribe from the Site at any time, by sending a request to this effect to Design by Jaler by email, at the address mentioned in article 2.
The unsubscription is effective within a maximum of 7 (seven) days from this request. It leads to the automatic deletion of the Buyer's Account.

17. Modifications
Design by Jaler reserves the right to modify these general sales conditions at any time. In this case, the applicable conditions will be those in force at the date of the Buyer's order.

18. Language
In the event of a translation of these general conditions into one or more languages, the language of interpretation will be the French language in case of contradiction or dispute on the meaning of a term or a provision.

19. Clauses applicable only to Individual Buyers
19.1 Right of withdrawal applicable to Individual Buyers
The Individual Buyer has a period of 14 (fourteen) days, from the date of receipt of the Works ordered, to retract without having to justify his reasons or pay penalties, with the exception of the return costs which remain at his expense and which he must pay. When the order concerns several Works delivered separately, the above-mentioned period runs from the date of receipt of the last Work.
The Individual Buyer who wishes to exercise his right of withdrawal must send to Design by Jaler, at the address mentioned in article 2 of these terms and conditions, before the expiry of the above-mentioned period, the withdrawal form annexed to these terms and conditions duly completed, or a statement clearly expressing his wish to withdraw and including his order number.
The Works must imperatively be returned to Design by Jaler in their original packaging, without excessive delay and at the latest within 14 (fourteen) calendar days following the communication, by the Individual Buyer, of his will to withdraw. They must be accompanied by a copy of the corresponding purchase invoice. The Private Buyer is considered responsible in case of deterioration of the Works when they are returned to Design by Jaler.
The Individual Buyer will be reimbursed as soon as possible and at the latest within 14 (fourteen) days from the date of effective reception by Design by Jaler of the withdrawal request for the totality of the sums paid for his order, minus the return costs if any, which remain at the expense of the Individual Buyer. However, Design by Jaler reserves the right to defer this reimbursement until the Works have been effectively recovered.

19.2 Mediation
The Individual Buyer has the right to have recourse free of charge to a consumer mediator for the amicable resolution of any dispute concerning the execution of the present contract between him and Design by Jaler, under the conditions provided for in articles L611-1 and following and R152-1 and following of the Consumer Code.
To this end, he may contact the following consumer mediator:

Centre de médiation de la consommation de conciliateurs de justice (CM2C)
Postal address: 14 rue Saint Jean 75017 Paris
Telephone: 06 09 20 48 86
https://www.cm2c.net

20. Applicable law and jurisdiction
The present general conditions are governed by French law.
In the event of a dispute concerning the validity, interpretation and/or execution of these general terms and conditions, the parties agree that the courts of Paris shall have exclusive jurisdiction to rule on the matter, except in the case of mandatory procedural rules to the contrary.

Annex - Withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract.)

To the attention of : Design by Jaler
Adress : 51 avenue Daumesnil 75012 Paris
Telephone : +33 9 63 68 48 57
Email : contact@design-by-jaler.com
I hereby notify you of my withdrawal from the contract for the sale of the goods below:

Order number :
Ordered on (*) / received on (*)
Name of the buyer(s) :
Address of the buyer(s) :

Signature of the buyer(s) :
(only in case of notification of this form on paper)

Date :
(*) Delete as appropriate

Annex 2 : Legal guarantees
Article L. 217-4 of the Consumer Code
The seller is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
Article L. 217-5 of the Consumer Code
The goods conform to the contract:
If it is fit for the purpose usually expected of a similar good and, where applicable :
- if it corresponds to the description given by the seller and has the qualities that the seller presented to the Buyer in the form of a sample or model;
- if it has 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 if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the Buyer, brought to the attention of the Seller and accepted by the latter.
Article L. 217-7 Consumer Code
Defects of conformity that appear within twenty-four months of delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller may rebut this presumption if it is not compatible with the nature of the goods or the claimed lack of conformity.
Article L. 217-8 Consumer Code
The Buyer is entitled to demand the conformity of the goods with the contract. However, he may not contest the conformity by invoking a defect that he knew or could not have been unaware of when he contracted. The same applies when the defect originates in materials that he himself supplied.
Article L. 217-9 Consumer Code
In case of lack of conformity, the Buyer chooses between repairing or replacing the goods. However, the seller may not proceed according to the Buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. In such a case, the Seller is obliged to proceed, unless this is impossible, according to the method not chosen by the Buyer.
Article L. 217-10 Consumer Code
If repair and replacement of the good are impossible, the Buyer may return the good and have the price returned or keep the good and have part of the price returned. The same option is open to him:
1° If the solution requested, proposed or agreed upon pursuant to Article L. 217-9 cannot be implemented within one month of the Buyer's complaint;
2° Or if this solution cannot be implemented without major inconvenience for the Buyer, given the nature of the goods and the use he is seeking.
However, the sale may not be cancelled if the lack of conformity is minor.
Article L.217-11 of the Consumer Code
The application of the provisions of articles L. 217-9 and L. 217-10 shall take place without any cost to the Buyer. These same provisions do not prevent the award of damages.
Article L. 217-12 of the Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
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 immobilisation of at least seven days shall be added to the duration of the guarantee that 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 is after the request for intervention.
Article 1641 of the Civil Code
The seller is bound by the warranty for hidden defects in the item sold which make it unfit for the use for which it was intended, or which reduce this use to such an extent that the Buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them.
Article 1643 of the Civil Code
He is bound by hidden defects, even if he did not know about them, unless, in this case, he has stipulated that he will not be obliged to any guarantee.
Article 1644 of the Civil Code
In the case of articles 1641 and 1643, the Buyer has the choice to return the thing and have the price returned, or to keep the thing and have part of the price returned.
Article 1648 paragraph 1 of the Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.