The present document defines the conditions of access to the site jotiha.com (below the site). Please read attentively the present general conditions before using the site jotiha.com
You recognize that by clicking the button “I accept” or by using (in all or in part) the site jotiha.com, you commit to respect the said general conditions. Should the opposite occur, you will not have the right to use the site jotiha.com, nor to place your orders for the products put on sale on the site.
We advise you to print and keep a copy of the present general conditions to consult them later.
Jotiha is a simplified stock company in the 2000 euros share capital, registered in the RCS of Annecy under the number 799 382 684, whose head office is situated in 275 route des Creuses 74600 Seynod having for N° of intracommunity VAT FR 74 799 382 684
Jotiha acts as platform of on-line sale allowing the users to be directly in touch with the sellers.
Jotiha offers you the possibility to navigate, visualize and buy the products proposed on the site jotiha.com by the designer sellers.
You recognize that the products are not supplied by Jotiha and that Jotiha participates in no way in the transaction of purchase/sale between you and the sellers.
Consequently, you recognize that any contract concluded for the purchase of a product is exclusively concluded between the seller of the product and yourselves.
Jotiha will have the right to suspend, at its exclusive discretion, the functioning of the web site for any reason whatsoever, in particular with the aim of a repair, of an intervention of scheduled maintenance or an improvement without incurring any responsibility towards you for the said suspension or the unavailability of the web site.
GENERAL CONDITIONS OF MARKETING
To be able to use the website, you guarantee that:
You are legally authorized to conclude contracts having a legal efficiency
You are 18 years old or more
You are not the object of a ban to accept the present general conditions, by virtue of the applicable legislation in the jurisdiction in which you live at present.
To be able to buy products, contact the seller or use and/or have access to all the functions of the web site, you will have to register as user on the site of Jotiha, by completing the form of on-line recording available on the site.
If you choose not to register as user, you can continue to navigate on the site and use certain features of this one as not registered user, but you cannot reach the VIP sales, nor buy products,
Contact the sellers or have access to all the features of the site.
By completing the form of on-line recording to become registered user, you grant to Jotiha the right to make checks and to lead procedures of safety concerning the information supplied by you on the said form.
You guarantee that the information supplied to Jotiha are sincere, real, precise and exact and you undertake to communicate as soon as possible to Jotiha any relative modification to the said information.
When you will have completed and subjected your form of on-line recording, Jotiha will send you an email of confirmation to the e-mail address indicated by you on the form.
Jotiha can also communicate you, your identifier and your password (“identifiers of connection”), which you will have to keep confidential and you shouldn’t communicate them to third people.
Without prejudice of other rights and resort from which he could benefit, Jotiha reserves the right to deactivate immediately your identifiers of connection and to suspend your access to the website or to prevent you from navigating on the said site and/or from using all or part of the functions of the site, if Jotiha has reasons for believing that you violated the terms of the present conditions.
Subject the terms of the present conditions and your recording as registered user, you can have access to all the features of the website in particular to navigate the site and consult the products presented on this one, to contact sellers and buy the products.
MODIFICATIONS OF THE PRESENT GENERAL CONDITIONS
Jotiha reserves the right to modify the present conditions at any time. The possible modifications brought in the future, to the present conditions of use will be notified to you on the website.
The present general conditions can be modified at any time by Jotiha.com. The general conditions applicable to the customers are the ones current in the day of its order and his connection on the site.
Jotiha reserves the right to bring modifications to the web site, in particular to her features and to her contents, or to end to any aspect any aspect of products or certain features of the web site without notice.
Jotiha can be contacted by e-mail at the address email@example.com or by letter sent to its customer service.
SUSPENSION AND TERMINATION FOR DEFECT OF USE
Jotiha reserves the right to suspend immediately the account-user and the access to the site and to the services, in case of no respect of the present general or particular conditions either in case of obvious violation of any applicable regulations or if the conduct of the user of the site damages the interests of a person, whatever it is.
In this hypothesis, Jotiha will notify this suspension by e-mail to the communicated e-mail address of the registration, and will instruct the failing person to put an end to this violation.
At the end of a deadline of seven working days as from this notification remained ineffective, Jotiha can cancel by rights the present contract, without judicial formality and subject to the damages to which she could aspire in repair of damage resulting for her of this situation.
In use of termination for fault, Jotiha can refuse in the future the access to all or a party of the site and/or the services.
Deletion for defect use
Jotiha also reserves the right to delete an account remained inactive.
In this hypothesis, at the expiration of this duration, Jotiha will send to the member, an e-mail informing him about the next deletion of the account. For lack of activity in 7 days which follow, Jotiha will delete the account definitively.
CONCLUSION OF THE CONTRACT
The effective date of your contract with Jotiha will be determinate as follows:
-If you are a registered user, in the recording date of your address and phone number on the site according to the clause or else:
-If you are a not registered user, during your first use of the web site, the said contract comes into effect until its termination by one of the parts according to the clause of the present conditions.
We reserve the right, in our exclusive and absolved discretion and for any reason whatsoever:
-To accept or refuse your request of registration as registered user, and/or refuse, in all or in part the access to the web site (that you are a registered or not registered user).
DURATION AND TERMINATION
Except express opposite mention contained in the present conditions, the contract between you and Jotiha will be in force:
-If you are a registered user, during all the duration of your recording, either:
-If you are a not registered user, during the duration of your visit on the web site, and your use of certain features as not registered user.
Jotiha can suspend or end your access to the features of the web site as registered or not registered user, in the following cases:
-In case of unavailability of the services or the network supplied or given by service providers or external access providers of Jotiha.
-If Jotiha considers that the clauses of the present conditions were violated by you or by a person who used your identifiers of connection login.
-If Jotiha considers that there was a fraudulent or excessive use (in all or in part) of the functions of the web site.
-If Jotiha considers that you supplied her, false, inaccurate or misleading information or:
-If Jotiha considers that you exercise an activity of resale or promotion of products or any party of the web site in a purpose of resale or if you exercise another similar activity.
From termination of your contract with Jotiha, your access permission to the heading and to the functions of the web site will stop.
You recognize that you are the only person in charge of all your activities on the web site, as registered or non registered user.
If you are a registered user, you will have to inform quickly Jotiha in case of violation of the protection or the unauthorized use of your identifiers of connection.
You recognize that as a registered user authorized to publish contents on the web site, you will have to refrain from publishing on the said site some contribution, comment, link or other material of whatever nature (“contributions of the user”) which could be reasonably considered offensive, illicit, out of place, or liable to:
-To incite to the racism, religious fanaticism, hatred, physical violence of whatever nature against any individual or group of individuals.
-To establish a harassment or an incitement to the harassment of third.
-To present obscene or pornographic contents
-To promote violent, threatening, obscene or libellous behaviors.
-To promote illicit activities.
-To pass on information and instructions concerning illicit activities, in particular in terms of violation of the private life or the creation and the spreading of computer viruses.
Promote or contain information of which you know or you suspect they are false, inaccurate or misleading.
You declare and guarantee that you possess or are holder of a use license and all the intellectual property rights relative to the contributions of the user published by you on the web site.
You grant to Jotiha a non-exclusive, irrevocable license of provision of the seller and the other users of the site of the contributions of the user and the modification of your contributions in case Jotiha would consider necessary to bring it modifications for any reason whatsoever.
If you consider that user’s contribution published by a seller and/or other users is unacceptable, we encourage you to contact Jotiha in firstname.lastname@example.org. Jotiha will make every effort, within the limits of the possible, to examine the contributions of the users as soon as possible and adopt the actions possibly necessary.
You also make a commitment, at any time:
-Not to use your identifiers of connection to usurp the identity of another person
-Not to allow thirds to use your identifiers of connection
-Not to use the information contained in the web site in any other purpose that those expressly mentioned in the present conditions.
-Make nothing which can damage, hinder or cause a harm to other users of the web site or to the network.
-Do not use the web site, its content and/or no other element anyway liable to undermine to the rights of intellectual property of third.
-Do not use the information obtained through the web site by a way not in accordance with the terms of the present conditions.
-Conform to all the directives and the instructions of Jotiha concerning the web site.
-Submit to any request of check of safety or any other check or request of information passed on by Jotiha.
-Use all the information which is provided to you by the web site at your own risks.
In case Jotiha will judge, at its exclusive and absolved discretion that you violated the terms of the present, Jotiha reserves the right to its exclusive discretion , to begin any action which she would consider necessary and adequate in particular the total or partial, temporary or permanent suspension, the use or the access to the web site (as registered or non -registered user) and in case of illicit use, to begin any legal action which she would consider necessary to end violation.
Without prejudice to other rights and resort which are granted to her, Jotiha reserves the right at its exclusive discretion, to begin any action which he would consider necessary and adequate in case of effective violation or presumed of the present.
YOUR CONTRACT WITH THE SELLER
If you are a registered user and if you wish to buy a product presented on the web site, you can contact the seller and finalize the purchase of the product by the aid of the functions provided to you on the web site.
You recognize that Jotiha only offers you the possibility to navigate and explore the content of the web site, to publish contributions of the user and buy products presented by a seller through the web site. Consequently, you recognize that Jotiha participates in no way in the transactions of sale-purchase between you and the seller.
You recognize that your purchase of the product will be governed by a contract concluded between you and the seller and that Jotiha will be responsible for no way and for any reason whatsoever for the contract concluded between you and the seller concerning the purchase of a product.
All the information provided to you or accessible by you as registered or non-registered user concerning the web site or the product, including the contributions of the user or the editorial texts provided by Jotiha or by any third are supplied “in the state”, without any condition, guarantee, or term of whatever nature and only for information. The said information will constitute at no time an opinion or an advice of whatever nature. Consequently, the user does not have to base on the said information to take a decision concerning the purchase of a product.
You recognize that Jotiha will have no control of the quality, prices, the state or the legality of the proposed products, including, among other, concerning the information supplied by the seller, concerning the transaction of sale/purchase of the product. Jotiha does not submit to a thorough examination, does not analyze and does not verify the information supplied on the web site by the sellers. Consequently, Jotiha will not be responsible towards you of the possible inaccuracies relative to the description or to the price of a product or to the transaction concluded with the seller.
The present conditions do not limit and do not exclude by no means the responsibility of Jotiha.
-In case of death or physical injury resulting from a negligence or in case of damages or responsibilities incurred by you further to a fraud or further to a false fraudulent statement of Jotiha.
Jotiha accepts no liability for any minor or indirect damage of whatever nature, any loss of expected advantage or loss of earnings, of expected economy, waste of time of work, data, commercial opportunities and contracts, goodwill and reputation or any other loss or damage of extracontractual nature (including negligence), contractual or other, including if he/she was predictable, resulting from the use and/or the use of the web site and its content.
In case of dispute between you and one or several sellers, Jotiha accepts no liability in case of complaint, request and prejudice (real or possible whatever the type and the nature, known or unknown, resulting from the said disputes).
INTELLECTUAL PROPERTY RIGHTS
Jotiha possesses all the rights relative to the intellectual property rights inherent in the site web.
The present conditions forbid you expressly of:
Reproduce, copy, modify, pass on, download or incorporate into other materials, however part it is of the web site, among other, images, whatever size that it is, products and the contributions in the form of articles and texts available on the web site. To remove, modify; or use some registered trademark or not/logo/model whether it is, of property of Jotiha and/or its licenser and to carry out whatever act it may be which can be considered as the will to take advantage in an unfair way of the reputation and the goodwill of Jotiha or as a violation of the intellectual property rights whose Jotiha has granted license.
For any request for information concerning intellectual property rights relative to the web site and to the products.
POLICY AS REGARDS PERSONAL DATA PROTECTION
Jotiha applies a strict policy regarding personal data protection. The terms of the said policy are a part of the present general conditions and you undertake to respect them.
The non-exercise by Jotiha, at any time, of its right to ask for the total execution of the obligations falling to the seller in accordance with the present contract or of quite different right or recourse whose Jotiha benefits in accordance with the present contract, will not be worth renunciation to the said right or recourse and will not exempt you from your obligations.
Any notification or communication intented for Jotiha will be sent to the address below email@example.com. The notifications or communications intented for you are displayed on the web site.
In case one of the clause of the present contract would be judged null, illegal or not applicable by a competent authority, in all or in part, the said clause will not be separated from the others terms of the present contract, which will continue to apply entirely.
The present conditions represent the whole agreements occurred between the seller and Jotiha, they cancel and replace any previous agreement or commitment, verbal or written, or contract existing between the parts.
CONDITIONS OF DELIVERY
Jotiha as site of on-line serving as intermediary between the buyers and the sellers, plays no role in the expedition of the products sold on the web site. Each seller has its own mode and its own deadlines of expedition, which display clearly when you add items to your basket or in the profile of the seller on the on-line store.
Before adding an item, please verify that you accepted the mode of expedition of the seller.
For our part, we encourage the sellers to send items sold within 2 days and we send them reminders about this subject.
RIGHT OF RETRACTION
According to the legislation in force, the consumer customer has a working deadline of fourteen days to exercise his right of retraction without having to justify reasons or to pay penalties, except, if need be, expenses of return. The consumer can break this deadline in case he could not move and or simultaneously he would need to appeal to an immediate service and necessary to his conditions of existence. In this case, he will continue to exercise his right of retraction without having to justify reasons or to pay penalties.
The deadline mentioned in the previous paragraph begins as from the reception of the good or the acceptance of the offer of the services. When the deadline of 7 days expires a Saturday, Sunday, or a holiday, it is extended until the next first working day.
When the right of retraction is exercised, the professional has to pay off the consumer of all the paid sums, as soon as possible and at the latest in thirty days following the date in which this right has been exercised. Beyond the sum owed is of right, interests productive to the
current legal rate.
This repayment is made by every possible means of payment.
On proposal of the professional, the consumer having exercised his right of retraction can however opt for another condition of repayment.
The right of retraction cannot be exercised for the contracts of supply of services whose execution began before the end of the deadline of 7 true days.
The sale contract being concluded between the customer and the designer, the right of retraction has to be applied with the designer.
CONDITIONS OF CANCELLATION AND REPAYMENT
Each seller referenced on the site Jotiha on its own conditions of cancellation and repayment.
Please verify the said conditions in the profile of each seller before adding an item in your basket.
If you wish to cancel a transaction, contact the seller for a maximum deadline of 2 working days after having placed an order through our integrated mail system: if the seller accepts, we will be happy to pay you back within 7 working days.
CONDITIONS OF RETURN AND REPAYMENT
Every seller present on the site Jotiha has its own conditions regarding returns and repayments.
Please verify the said conditions in the profile of every seller before adding an article in your basket.
If you want to return an article, please contact the seller within 2 working days after having placed your order, through our integrated mail system: if the seller accepts, we will be happy to pay you back within 7 working days.
Please send any questions relative to the present general conditions at firstname.lastname@example.org
Address: 275 route des creuses
Email : email@example.com