MARKETING CONTRACT (e-shop)

 

The present contract establishes the conditions under which Jotiha gives you access to some features on www.jotiha.com, in order to sell and promote your creations (clothes, accessories, jewels, shoes, cosmetics, decoration, furniture). Please read attentively the conditions before using this e-shop.

The creator certifies, by clicking on the option “I accept” or “I agree” or using this website (fully or partially) as a seller creator, that he accepts the terms of the present contract. If he doesn’t accept the terms, he is not authorized to use the features of the e-shop as a seller.

We advise you to print this contract and keep a copy.

 

 

BETWEEN THE UNDERSIGNED:

 

The society Jotiha, simplified joint stock company, registered in the trade register and the societies of Annecy, under the number 799 382 684, whose head office is located at 275 route des creuses, 74600 Seynod, France and represented by Miss Khadija M’Barki, in her capacity as president, named below “the society” on the one hand, and “the creator” on the other hand.

 

The society and the creator are hereinafter referred collectively “the parties” and individually “the party”.

 

It’s beforehand exposed:

 

The society has set-up an e-shop online sales platform that allows designers to market their products

( hereafter “the site”) www.jotiha.com. To this end, Jotiha has selected creators of the whole world with whom she wants to work.

 

This exposed, it was agreed as follows:

 

 

OBJECT OF THE CONTRACT

 

The society is a plateform that sells products made by the creator on the site of jotiha.com. The contract determinates the mode of marketing of the products mentioned above and defines the obligations of each party.

 

 

 

COMMITMENTS OF THE CREATOR SELLER

 

By the present, the creator undertakes irrevocably:

 

To recognize and accept that Jotiha only provides him services and access on www.jotiha.com of the society. Accordingly, Jotiha doesn’t participate not at all to the sale or the process of purchase between the creator and the customer.

 

To make sure that the transaction of the sale of his product is in accordance with any law in force, including without limitation, any legislation relative to the consumer protection and data, to the e-commerce and the selling distance.

 

To provide all the elements necessary to the market on the website of the society.

 

Communicate all the elements on the product card that describes the following information for each product: description of the model, material, composition, color, sizes, measurements, care instructions and use. The day of dispatch of the product and delivery.

 

The seller shall keep all the contacts and follow all the transactions relative to the sale of his product with users through the feature available on the site www.jotiha.com and/ or services. During the term of the contract, the seller will contact, in any case, users or potential buyers by others means than the website www.jotiha.com and/ or services.

 

The seller acknowledges that Jotiha only provides him services and access to the website. Therefore, Jotiha is involved in any way in the process purchase/ sale between the seller and the user.

 

The seller shall ensure that the contract finalized with the user for the sale of his product is strictly conform to the applicable legislation and notably to the laws as regards of protection of the consumers, protection of data, sales on line, distance selling.

 

All the content and referencing that accompany the advertising of a product have to relete to the product in question proposed.

 

-The seller shall ensure that all activities relative to the advertising and the provision of a product on the website, in order of its sale to users and notably the publication of the content and referencing on the site don’t involve any violation of the intellectual property rights or others proprietary rights of a third party, and can’t be reasonably considered like offensive, illicit, inappropriate or liable to encourage racism, religious fanaticism, hatred or physical violence against any individual or population whatsoever, as an effective harassment or against third parties, pornographic, obscene, or likely to incite violent behavior, threatening, libellous, or that promote illegal activities or may provide information and instructions for illegal activity, including violation of private life.

 

-To recognize that Jotiha is not required to verify or review the content and/ or the product to determine if such content or product is likely to be a subject of dispute with a third party. Each designer is responsible of its own content published on Jotiha.

 

-To respect the conditions of delivered named in the sheet seller.

 

-To answer any questions or request of consumers within 24 hours. If the creator is not able to do so, he shall delegate one of his assistant to do it instead of him.

 

-To recognize that Jotiha is not at all liable for any conduct or comment of the consumer about the creator/ product. The commercial relationship between the creator and Jotiha will be exclusive for the duration of the contract.

 

-To accept that the creator is solely responsible of any use of the site and services, if this use is made through a connection in his name. Accordingly, the creator will inform Jotiha about any anomaly in the security or any unauthorized use in the login name of the creator.

 

-Jotiha reserves the right to publish, download or make available any content, listing or product with other partners site, news agency, blog, magazine, radio, event management company, social networks for marketing purposes and communication.

 

-To authorize Jotiha to have at its disposal the whole various rights and in particular those of intellectual property attached to the elements transmitted to Jotiha and necessary to the realization of the sale on line.

 

-The creator allows Jotiha throughout the process of production and distribution planned in the present contract to:

 

-Use the name of the creator, logo, visuals, photos, videos that can be used for the marketing and promoting of the product.

 

-To associate the products, the brand, the logo of the creator, the brand and own advertising or promotional slogans created or used by Jotiha or on of its partners.

 

To accept permanently:

 

-Do not connecting with the intent to impersonate someone else.

-Do not allow anyone to use his identification name.

-Use the information extracted from the site only for the purposes mentioned in this contract.

-To conform to all rules and conditions of Jotiha relative to the site.

-To take responsibility for returns of the products buyed on the site by the company’s costumer, in case of no conform product, defective products, not appropriate size, returns for repayment (within 7 days statuory period)

- To contact the company as soon as the agreement of the two parties (creator and customer)

in order to proceed to a full refund of the displeased customer.

 

 

 

COMMITMENTS OF JOTIHA

 

Presentation and communication of the items on the site.

 

The society allows designers to create their e-shop and download their pin product in accordance with the clauses of quality charter.

 

The company undertakes to inform her community about all events allowing to get visibility: referencing a new creator, a significant launch of a new brand, the exclusivity of a designer, or an item on the site.

 

In exchange for compliance with the terms of this contract by the seller and subject to the clause, Jotiha will do everything possible to ensure availability of the site www.jotiha.com and services during the period of the contract.

 

The customer admits that Jotiha uses third services providers to supply services and access to the site www.jotiha.com. Therefore, Jotiha is not in a position to guarantee an uninterrupted access and defects to the use of the services and the website, or any section of this latter.

 

 

 

COMMISSIONS

 

The company undertakes to pay the creator the public price of the product sold, which will be deducted a 30 % commission.

The company undertakes to pay the bill of the creator within 20 current days, from the date of the receipt of the goods by the final customer.

 

The creator has the right to decide the public price of his products at his discretion. The prices must be in accordance with any law and applicable legislation.

 

The creator must keep a consistent pubic price with current price in its others distribution networks (price lower or equal than the prices in others retail outlet)

 

The price is fixed in euros for any creator, whatever his country of provenance.

 

The creator accepts that Jotiha deducts the commission previewed by the article of the present contract.

 

The commission due and payable to Jotiha represents 30% of the public price of the product with free dispatch in the whole world.

 

Delivery costs in the world are payable by the creator/seller.

 

Any commission is due and payable then automatically deducted from the price from the receipt of the payment from the final customer using one of the platforms of third securized payment. Any commission is calculated excluding VAT or any tax or charge of any kind whatsoever.

 

Jotiha reserves the right to make vary the commissions at any time. All variation shall be informed by e-mail and made valid immediately follow the information of Jotiha.

 

The services provided by Jotiha to the creators are considered, for reasons related to VAT like a service provided electronically. As a company based in France, creators are required to pay VAT for Jotiha’s services, as follows:

 

-If the creator is in France, he has to pay the VAT in force (20 %) deductible from the price of the item ordered.

 

-If the creator is outside the French territory, but in European Union, he operates as a professional society and he has a VAT number, he is obliged to pay the VAT in force (20 %), deductible from the price of the item ordered.

 

-If the creator is outside the French territory, but in European Union, but he doesn’t operate as a professional company and he doesn’t have a VAT number, he is not subjected to VAT.

 

 

CREATOR’S WARRANTY:

 

The creator declares beforehand to be a designer of men clothes, women, children, accessories, shoes, jewelry, cosmetics, decoration and furniture.

 

Authorized to finalize the present contract

 

The creator guarantees:

 

-That the information provided to Jotiha are sincere and real, and that he will inform any change in these information.

-That the product, the content, or the creator’s rights to sell or make it public on the website www.jotiha.com don’t undermine the rights of intellectual property or confidentiality of a third party, that  it not infringe no law, legislation, statutes or regulations in force, that the content is not and can’t be considered like libelous, illegally threatening or may be considered like obscene or pedophile nature.

-That the content doesn’t contain viruses, Trojan horse, time bomb or any other program intented to damage, harm, intercept or expropriate any system, data or personal information.

 

Jotiha against any complaint or dispute by the distribution of the products in the conditions specified therein, notably in case of complaint that may be made by an approved distributor.

 

Jotiha against all claim and fake actions of any intellectual property right and notably of brands, designs, models and patents which may be introduced by a third person relative to the production and marketing of the products by Jotiha.

 

On no account Jotiha can be responsible of any loss of profit, loss of data, inadequacy with the forecasts, loss of anticipated profits, loss of business prospects, loss of use, loss of contracts, loss of will and reputation (direct or indirect), loss of management and time, any indirect or collateral loss of any kind, or for any loss, claim, complaint and damage (direct or indirect) of any nature whatsoever, known or unknown, arising in connection or no with disputes between the creator and users, or any I nability and impossibility from the creator to use the services of the website due to the failure or any integration or interoperability arising with any third person or any operating system  or legal of the creator, caused or not or resulting from the negligence of Jotiha or  breach of his statuory duties or a breach in his obligations whatever the origin, even if the creator is informed about the possibility of any loss mentioned above. Accordingly, Jotiha may not be worried or looked for under this head, and the supplier is obliged to compensate for any direct or indirect harm that Jotiha would suffer.

 

 

 

CONTRACT DURATION AND TERMINATION/EXPIRATION

 

 

This contract comes into force to its date and remains in force, except an anticipated termination by one of the party.

 

Each party will be free to terminate this contract for any reason whatsoever, notifying the resiliation to the other party by a registered letter with acknowledge receipt. After the termination, Jotiha will deactivate the seller’s account on the website.

 

After the termination/expiration of this contract for any reason whatsoever:

 

-The right of the seller to use the services and the website will stop immediately and the seller will have to remove the content, referencing and any information relative to the seller and/or his products on the website www.jotiha.com

 

-All licenses granted in accordance with the contract will cease immediately

 

All sums due to Jotiha under this contract and not paid yet will become immediately payable.

 

The termination/expiration will not affect the rights of the parties arising before the expiration/resiliation of the contract.

 

After its termination for any reason whatsoever, this contract shall remain in force as necessary to ensure the execution of the terms of the contract expressely or impliedly intended to remain in force after the termination/expiration.

 

 

 

INTELLECTUAL PROPERTY RIGHTS

 

 

The creator acknowledges and accepts, unless otherwise expressely granted, that all intellectual property rights created within the framework of the services provided by Jotiha and named in the contract hold by Jotiha.

 

None element stipulated in this contract will be used to transfer from Jotiha to the creator.

 

All intellectual property rights belonging to Jotiha and/ or her licensors and any right, tiltle and interes will remain exclusively Jotiha’s property and/ or Jotiha’s licensors.

 

Except the rights expressely granted by this contract, none element stipulated in this contract will serve to transfer from the creator to Jotiha.

 

None element of the content and any right, title and interest included or linked to the content will remain exclusively the creator’s property.

 

Jotiha grants to the creator a non exclusive license, worldwide, non assignable, to use intellectual property rights held by Jotiha, in a goal strictly reserved for the use of the website and the services offered by the site. If the use of its intellectual property rights is not linked to the use of the website and its services, the creator accepts that, he must first obtain the written agreement of Jotiha.

 

None element of this contract will prevent Jotiha from using all known-how, methods, techniques or procedure developed by Jotiha in order to fill in its her obligations stipulated in this contract.

 

The creator will inform immediately Jotiha of any request of compensation made or threatened towards the creator, or any infringement or alleged infringement to the intellectual property rights as part of the use of the website by the creator.

 

The creator accepts to grant to Jotiha the exclusive control of any dispute and negociation arising following any request previously cited, and to assist Jotiha in case of explicit request from his part.

 

If a claim or complaint against infringement or alleged infringement of the intellectual property rights is made in the context of the use of the website, or, if such a complaint may be made, according to Jotiha, so Jotiha is authorized to:

 

Modify or replace the elements concerned on the website, so that they are no longer considered as being the subject of the complaint.

 

To give the right to the creator to continue to use the website and services under the conditions stipulated by the contract.

 

Jotiha offloads any responsibility, and the creator will have to pay compensations to Jotiha, against any claim for infringement of the intellectual property rights, of the content of the website, in case ,the causes of infringement are:

 

-Any material or instructions including, without limitation, the content provided to Jotiha by the creator, or any modification, improvement or alteration of the content made by the creator or due to the improper use of the content of the website and services compared to the clauses of this contract.

 

-Any intellectual property rights of a third party buyed by the creator for his use of the website and services must be paid by the creator. Jotiha will not be liable for any delay or impossibility of the creator to pay the third party for these intellectual property rights.

 

 

 

DATA PROTECTION

 

 

The creator warrants and accepts that he will permanently fill his obligations under the conditions the protection law of data in force during the duration of the contract.

 

The creator will have to compensate fully Jotiha against any action, claim and fees (legal fees included) any kind that may result from any breach of this clause.

 

 

GENERAL

 

 

The contract shows the whole agreements and conventions between the parties.

 

It cancels and replace all the oral or written agreements of any nature whatsoever may have happened before, between them, relevant to the object of this contract.

 

This contract governs the conditions of sale and purchase of the products. None particular condition, either another general conditions emanating from the creator can’t prevail over the obligation of the contract except an acceptation.

 

This contract can be modified only by an amendment signed by the two parties. It is governed by the French law.

 

All the disputes relative to the interpretation, the execution and/or the cessation of the contract will be exclusive skill of the Court of Annecy.

 

 

CONTACT DETAILS

 

 

For any information about the marketing contract, thanks to write a mail to the address below or an email to contact@jotiha.com

 

 

SAS JOTIHA

 

275 route des creuses

74600 Seynod

France