Terms of Service

jholi, simplified joint-stock company with share capital of 3,000 euros, having its registered office at 21 rue rousselet, 75007 Paris, and registered in the Paris trade and companies register under number 852 225 663 R.C.S Paris

GENERAL CONDITIONS OF SALE 2021

Article 1: Scope

These General Conditions of Sale (hereinafter the "GTC") are intended to determine the terms and conditions of purchase and sale of the products offered by the Company jholi (hereinafter "the Seller").

Any order implies the Customer's unreserved acceptance of all the provisions of these T&Cs. The Seller reserves the right to modify them at any time. The applicable general conditions of sale are those in force on the date of the order placed by the Customer.

Article 2: Price

The prices of the products sold are those in effect on the day the order is taken. They are denominated in euros and calculated excluding taxes. They will therefore be increased by the rate of VAT and transport costs, which the Customer was able to read before validating his order, and which appear on the order form or on the basket confirmation page on the website.

The Seller grants itself the right to modify its prices at any time. However, he undertakes to invoice the goods ordered at the prices indicated during the validation of the order.

Article 3: Discounts and rebates

The prices offered include discounts and rebates that the Seller may grant based on its results or the assumption by the buyer of certain services.

Article 4: Methods of payment

Unless expressly agreed otherwise in writing, payment for products is made when ordering: either by credit card; or by bank transfer (BtoB only).

The Products are offered within the limits of available stocks. In the event of unavailability of the product ordered, the Seller shall immediately inform the Customer and may offer him a product of equivalent quality and price or, failing that, a purchase voucher for the amount of the order which may be used for any next order.

In the event of disagreement by the buyer, the Seller shall reimburse the sums paid within a period of three months.

Article 5: Late payment

Any amount not paid on the due date is subject to a late payment penalty equal to three times the legal interest rate. This penalty is calculated on the amount including all taxes (TTC) of the sum remaining due, and runs from the due date of the price without any prior formal notice being necessary.

Article 6: Retention of title

The products sold remain the property of the Seller until full payment of the sale price and its accessories, it being specified that only the final receipt of the invoiced price will constitute payment.

Does not constitute payment within the meaning of this clause, the remittance of drafts or other securities creating an obligation to pay. The above provisions do not preclude, upon delivery of the goods, the transfer to the Customer of the risk of loss or deterioration of the goods subject to retention of title as well as the damage they could cause. The Customer must take out insurance against the risks that the products may run at his own expense.

Article 7: Cancellation clause

If within fifteen days following the implementation of the "Late payment" clause, the Customer has not paid the sums remaining due, the sale will be canceled as of right and may give rise to the right to compensation for damages. and interest for the benefit of the Seller.

The resolution of the order in the cases provided for in these GCS will be pronounced by simple registered letter with request for acknowledgment of receipt and will be automatically acquired without legal formality.

Article 8: Delivery and transfer of risk

Delivery means the transfer to the Customer of physical possession of the goods. The products are delivered on the date or within the period indicated on the order form. The delivery time indicated when registering the order is given for information only and is not guaranteed. Consequently, any reasonable delay in the delivery of the products cannot give rise to the benefit of the Customer to the allocation of damages or the cancellation of the order. The Seller undertakes in any case to deliver the products or to provide the services within a maximum period of sixty (60) days from the date appearing on the order form. The products are delivered by a carrier to the address indicated by the Customer on the order form, it is the Customer's responsibility to check in the presence of the delivery person the condition of the delivered product and, in the event of damage or missing elements, to issue reservations on the delivery note or on the transport receipt, and possibly to refuse the product and notify the Seller. The risk of loss or damage to the goods is transferred to the Customer when he or a third party he has designated takes physical possession of the goods, without distinction according to its nature.

Article 9: Warranties

Subject to the fulfillment of all of the Customer's contractual obligations, the products sold will benefit from the following guarantees, under the conditions defined below, to the exclusion of any other guarantee of any kind whatsoever, implied or otherwise.

9.1. Guarantees applicable to Professional Clients

The products are guaranteed against any material or manufacturing defect for a period of one (1) year from the date of delivery. Interventions under the warranty cannot have the effect of extending the duration of the latter.

Under this guarantee, the only obligation incumbent on the Seller will be, at its option, the free replacement or repair of the product or the element recognized as defective by its services, unless this mode of compensation proves impossible or disproportionate. To benefit from the guarantee, any product must first be submitted to the Seller, whose agreement is essential for any replacement. Any return costs are the responsibility of the Customer, who cannot claim any compensation in the event of immobilization of the goods due to the application of the guarantee.

The warranty does not apply to visible defects. Also excluded are defects and deterioration caused by natural wear and tear or by a modification of the product not provided for or specified by the Seller.

9.2. Specific legal guarantees applicable to Consumer Clients:

The stipulations of this article 9.2 apply only to the benefit of any Consumer Client as defined below, only in the event that French law is intended to apply to the benefit of said Consumer Client.

Consumer Client means any natural person who acts for purposes that do not fall within the scope of his professional activity, whether commercial, industrial, artisanal or liberal.

The Customer benefits from the legal guarantee of conformity (articles L211-1 and following of the French Consumer Code) and the guarantee against hidden defects (articles 1641 and following of the French Civil Code), allowing the Customer to return the products delivered defective or non-compliant.

Legal guarantee of conformity: When the Customer acts as a legal guarantee of conformity, he: – has a period of two years from the delivery of the product to act; – can choose between repairing or replacing the product, subject to the cost conditions provided for in article L. 211-9 of the French consumer code; – is exempted from providing proof of the existence of the lack of conformity of the product during the six months following the delivery of the product. •Article L211-4 of the French consumer code: The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. •Article L211-5 French Consumer Code: To comply with the contract, the good must: 1° Be suitable for the use usually expected of a similar good and, where applicable: – correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model; – present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;

Article 10: Right of withdrawal

Article L121-16-1 of the Consumer Code extends the rules applicable to relations between consumers and professionals, to contracts concluded off-premises between two professionals when the subject of these contracts does not fall within the scope of the main activity of the professional solicited and that the number of employees employed by the latter is less than or equal to five.

When the three conditions allowing the implementation of the right of withdrawal are met, the professional client can withdraw within fourteen days.

The starting point of the withdrawal period is the day of receipt of the goods under a contract for the sale of goods.

The costs related to the sale and transport remain the responsibility of the professional customer.

Article 11: Intellectual property rights

All patents or other intellectual property rights relating to the products delivered are and remain the property of the Seller, who makes no warranty and the Customer shall be solely responsible in the event of action or claims by third parties based on any act of infringement or competition. disloyalty relating to the products delivered.

Article 12: Force majeure

Neither Party incurs liability for not having fulfilled or having fulfilled an obligation late, insofar as such failure or delay results directly from an event that may occur at any time during the term of the Contract and having the characteristics of force majeure.

As such, force majeure means any external, unforeseeable and irresistible event within the meaning of article 1148 of the French Civil Code.

Article 13: Severability

If one or more stipulations of these GCS are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent jurisdiction, the other stipulations will retain all their force and their scope.

Article 14: Applicable law and attribution of jurisdiction

These T&Cs and the resulting sale and purchase transactions will be governed by French law. In the absence of an amicable settlement, in the event of a dispute of any kind or dispute relating to the formation or execution of the sale, the Commercial Court of Paris will be competent.

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