Terms
& Conditions
Article 1 – SCOPE OF APPLICATION
These 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 products offered for sale by the Seller (“the Products”) on the website galeriejais.com.
They specify, in particular, the conditions of ordering, payment, delivery, and management of any returns of Products ordered by Customers.
These General Terms and Conditions of Sale may be supplemented by specific conditions stated on the website before any transaction with the Customer.
These General Terms and Conditions of Sale apply to the exclusion of any other terms and conditions, in particular those applicable to in-store sales or sales through other distribution and marketing channels.
They are accessible at any time on the website galeriejais.com and will prevail, where applicable, over any other version or contradictory document.
Since 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 on the date the order is placed.
Changes to these General Terms and Conditions of Sale are binding on users of the galeriejais.com website from the date they are posted online and cannot apply to transactions concluded beforehand.
Article 2 – PRODUCTS OFFERED FOR SALE
The Products offered for sale on the galeriejais.com website are second-hand items, including but not limited to: furniture, lighting, ceramics, glassware, tapestries, sculptures, paintings, and art objects.
The main characteristics of the Products, including specifications, illustrations, and indications of dimensions or capacity, are presented on the galeriejais.com website.
The “conditions” tab on the Product page describes the condition and any restorations of the Product.
The Customer is required to read this information before placing any order.
The choice and purchase of a Product is the sole responsibility of the Customer.
Photographs and graphics presented on the galeriejais.com website are not contractual and do not engage the Seller’s liability.
The Customer must refer to the description of each Product to understand its properties, essential characteristics, and delivery times.
Contractual information is presented in French and will be confirmed at the latest upon validation of the order by the Customer.
The Products presented on galeriejais.com are offered for sale to the following territories: Germany, Andorra, Saudi Arabia, Argentina, Armenia, Australia, Austria, Belgium, Belarus, Brazil, Canada, Chile, China, Cyprus, Colombia, South Korea, Croatia, Denmark, Dominican Republic, Egypt, United Arab Emirates, Spain, Estonia, United States, Fiji, Finland, France, Georgia, Greece, Grenada, Guatemala, Guyana, Honduras, Hungary, India, Indonesia, Ireland, Iceland, Israel, Italy, Jamaica, Japan, Lebanon, Liechtenstein, Lithuania, Luxembourg, North Macedonia, Madagascar, Malaysia, Malta, Morocco, Mexico, Moldova, Monaco, Mongolia, Montenegro, Nepal, Nicaragua, Norway, New Zealand, Paraguay, Netherlands, Peru, Philippines, Poland, Portugal, Qatar, Romania, United Kingdom, Russia, Serbia, Singapore, Slovakia, Slovenia, Sweden, Switzerland, Czech Republic, Thailand, Togo, Tunisia, Turkey, Tuvalu, Ukraine, Uruguay, Vatican, Venezuela, Vietnam.
For orders shipped outside metropolitan France, the Customer acts as the importer of the Products concerned.
Customs duties or other local taxes, import duties, or state taxes may be applicable. These will be borne solely by the Customer and are their sole responsibility.
Article 3 – VALIDITY PERIOD OF THE PRODUCT OFFER
Product offers are subject to availability of stock, as specified at the time the order is placed.
Article 4 – SELLER'S CONTACT DETAILS
The Seller’s contact details are 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, as reinforced and supplemented by the GDPR (General Data Protection Regulation) effective since May 25, 2018, the Customer has at any time the right to access, rectify, object to, erase, and port all of their personal data by writing, providing proof of identity, to the Seller at the above address.
By validating the order, the Customer unconditionally accepts these General Terms and Conditions of Sale.
The Customer acknowledges having the legal capacity to contract and purchase the Products offered on the galeriejais.com website.
Article 5.1 – PLACING AN ORDER
It is the Customer’s responsibility to select on the galeriejais.com website the Products they wish to order according to the following steps:
Adding a product to the cart,
Reviewing the cart,
Placing the order, registering (optional) or identifying the Customer,
Confirming delivery details,
Choosing the payment method,
Payment,
Confirmation,
Order tracking.
The Customer may verify the details of their order, the total price, and correct any errors before confirming acceptance. It is their responsibility to ensure the accuracy of the order and to report or correct any errors immediately.
An order is recorded on the galeriejais.com website when the Customer accepts these General Terms and Conditions of Sale by ticking the designated box and validates their order. This validation implies acceptance of all these General Terms and Conditions of Sale as well as the general terms of use of the galeriejais.com website.
Any order placed, validated by the Customer, and confirmed by the Seller under the above terms constitutes the formation of a distance contract between the Customer and the Seller.
Unless proven otherwise, data recorded in the Seller’s IT system constitutes evidence of all 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 concerning payment of a previous order, or in case of suspicion of money laundering or financing of terrorist activities.
The Customer can track the status of their order on the galeriejais.com website.
Article 5.2 – ORDER MODIFICATION
Once confirmed and accepted by the Seller under the above conditions, the order cannot be modified.
Once confirmed and accepted by the Seller under the above conditions, the order cannot be canceled, except when exercising the right of withdrawal or in cases of force majeure.
Article 6 – PRICES
Products are provided at the prices in effect on the galeriejais.com website at the time the order is recorded by the Seller. Prices are expressed in Euros, including all taxes (VAT).
Prices take into account any discounts granted by the Seller on the galeriejais.com website.
These prices are fixed and not subject to revision during their validity period, as indicated on the galeriejais.com website. The Seller reserves the right to modify prices at any time outside this validity period.
Prices do not include handling, shipping, transportation, and delivery fees, which are charged additionally under the conditions indicated on the galeriejais.com website and calculated prior to placing the order.
If the Customer requests a faster or more expensive shipping method than the standard shipping, the additional delivery charges, as displayed at the time of order validation by the Customer, are entirely the Customer’s responsibility.
The payment requested from the Customer corresponds to the total purchase amount, including these fees.
Specific orders from the Customer may be considered. In such cases, a quote will be provided and must be accepted beforehand by the Customer. Quotes issued by the Seller are valid for 7 days from their issue date.
An order based on a quote is only considered accepted after a deposit of 30% of the order amount has been paid.
An invoice is issued by the Seller and provided to the Customer upon delivery of the ordered Products.
Article 7 – PAYMENT TERMS
The price is payable in full and in cash on the day the order is placed by the Customer, via secure payment methods, as follows:
By credit or debit cards,
Apple Pay,
PayPal,
Electronic wallet,
Bank transfer.
Payment by credit card is irrevocable except in cases of fraudulent use of the card. Payment data is exchanged in encrypted mode using SSL protocol.
The Seller shall not be required to deliver Products ordered by the Customer if the Customer does not pay the full price under the terms indicated above.
Payments made by the Customer will only be considered final after effective receipt of the amounts due by the Seller.
In case of payment by bank check, it must be issued by a bank domiciled in metropolitan France or Monaco.
Payment data is exchanged in encrypted mode using SSL protocol.
Furthermore, the Seller reserves the right, in case of non-compliance with the payment terms indicated above, to suspend or cancel delivery of orders in progress made by the Customer.
No additional fees exceeding the costs borne by the Seller for using a payment method may be charged to the Customer.
Article 8.1 – DELIVERY
Products ordered by the Customer will be delivered in metropolitan France within 14 days from the shipment of the order — this includes the shipping time indicated on the Product page plus processing and transit time — to the address provided by the Customer when placing the order on the galeriejais.com website.
Delivery is considered complete upon transfer to the Customer of physical possession or control of the Product.
Except in special cases or unavailability of one or more Products, the ordered Products will be delivered in a single shipment.
The Seller undertakes to make best efforts to deliver the Products ordered by the Customer within the above-mentioned timeframes. However, these times are given for information only. If the Products have not been delivered within 30 days after the estimated delivery date, for any reason other than force majeure or the Customer’s fault, the sale may be canceled at the Customer’s written request under the conditions set forth in articles L. 216-2, L. 216-3, and L. 241-4 of the French Consumer Code. The amounts paid by the Customer will then be refunded no later than fourteen days following the contract cancellation date, excluding any compensation or withholding.
In case of non-conformity of the delivered Product, the Seller commits to remedy the situation or reimburse the Customer, as indicated in the article – “Seller’s Liability – Warranty.”
The Seller assumes the risk during transport and is obliged to reimburse the Customer in case of damages caused during transport.
Article 8.2 – DELIVERY BY AN INDEPENDENT CARRIER
Deliveries are made by an independent carrier to the address provided by the Customer during the order, to which the carrier can easily access.
When the Customer arranges for a carrier of their own choosing, delivery is deemed completed as soon as the Seller hands over the ordered Products to the carrier, who accepts them without reservation. The Customer acknowledges that it is the carrier’s responsibility to complete the delivery and has no warranty claims against the Seller in case of failure to deliver the transported goods.
In case of specific Customer requests regarding packaging or transportation conditions of the ordered products, duly accepted in writing by the Seller, related costs will be invoiced separately based on a quote previously accepted in writing by the Customer.
Article 9 – TRANSFER OF OWNERSHIP – TRANSFER OF RISKS
The transfer of ownership of the Products from the Seller to the Customer will only occur after full payment of the price by the Customer, regardless of the delivery date of the said Products.
Whatever the date of transfer of ownership of the Products, the transfer of the risks of loss and damage related to them will only take place when the Customer physically takes possession of the Products. Therefore, the Products travel at the Seller’s risk.
Article 10 – RIGHT OF WITHDRAWAL
In accordance with applicable legal provisions, the Customer has a period of fourteen days from the receipt of the Product to exercise their right of withdrawal with the Seller, without having to justify any reason or pay any penalty, for the purpose of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within 7 days following notification to the Seller of the Customer’s withdrawal decision.
Returns must be made in their original and complete condition (packaging, accessories, manual, etc.) allowing them to be resold as new, accompanied by the purchase invoice.
Damaged, soiled, or incomplete Products will not be accepted for return.
The right of withdrawal can be exercised online using the withdrawal form available on the galeriejais.com website, in which case an acknowledgment of receipt will be immediately sent to the Customer by the Seller, or by any other unequivocal statement expressing the wish to withdraw.
If the right of withdrawal is exercised within the aforementioned period, only the price of the purchased Product(s) and delivery costs will be refunded; return shipping costs remain the responsibility of the Customer.
The refund will be made within 14 days from the notification to the Seller of the withdrawal decision.
Article 11 – SELLER’S LIABILITY – WARRANTY
The Products sold on the galeriejais.com website comply with the regulations in force in France and have performance compatible with non-professional use.
The Products supplied by the Seller benefit automatically and without additional payment, independently of the right of withdrawal, from the legal warranty of conformity for Products that are apparently defective, damaged, or do not correspond to the order, and the legal warranty against hidden defects resulting from material, design, or manufacturing defects affecting the delivered products and making them unsuitable for use, under the conditions and according to the terms defined in the box below and annexed to these General Terms and Conditions of Sale (Warranty of Conformity / Warranty Against Hidden Defects).
It is reminded that under the legal warranty of conformity, the Customer has a period of two years from the delivery of the good to act against the Seller; they may choose between repair or replacement of the ordered Product, subject to cost conditions provided by article L 217-9 of the Consumer Code; the Customer is exempt from proving the existence of the conformity defect of the Product during the twenty-four months following delivery.
The legal warranty of conformity applies independently of any commercial warranty that may cover the Product. The Customer may also invoke the warranty against hidden defects of the Product according to article 1641 of the Civil Code; in this case, they may choose between cancellation of the sale or a reduction of the sale price pursuant to article 1644 of the Civil Code.
To assert their rights, the Customer must inform the Seller in writing of the non-conformity of the Products within a maximum period of 14 days from delivery of the Products or from discovery of the hidden defects within the above-mentioned periods and return or bring back to the store the defective Products in the condition in which they were received, with all components (accessories, packaging, manual, etc.).
The Seller will reimburse, replace, or repair Products or parts under warranty deemed non-compliant or defective.
Shipping costs will be reimbursed based on the charged rate, and return shipping costs will be reimbursed upon presentation of proof.
Refunds for Products deemed non-compliant or defective will be made as soon as possible and no later than 14 days following the Seller’s confirmation of the conformity defect or hidden defect.
Refunds will be made by credit to the Customer’s bank account or by bank check sent to the Customer.
The Seller’s liability cannot be engaged in the following cases:
non-compliance with the legislation of the country where the products are delivered, which the Customer is responsible for verifying,
improper use, professional use, negligence or lack of maintenance by the Customer,
normal wear and tear of the Product, accident or force majeure.
The Seller’s warranty is, in any case, limited to the replacement or refund of non-compliant or defective Products.
Article 12 – PERSONAL DATA PROTECTION
In accordance with Law No. 78-17 of January 6, 1978, amended by Law No. 2018-493 of June 20, 2018, it is reminded that the personal data requested from the Customer are necessary for the processing of their order and for invoicing purposes, among others.
This data may be communicated to potential partners of the Seller responsible for the execution, processing, management, and payment of orders.
The processing of information transmitted via the galeriejais.com website complies with legal requirements concerning the protection of personal data, with the information system used ensuring optimal protection of these data.
The Customer has, in accordance with current national and European regulations, a permanent right of access, modification, rectification, opposition, portability, and limitation of the processing of information concerning them.
This right can be exercised under the conditions and according to the procedures defined on the galeriejais.com website.
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 prohibited and may constitute an infringement offense.
Article 14 – UNFORESEEN CIRCUMSTANCES
In the event of a change of unforeseeable circumstances 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 accepted to assume the risk of excessively onerous performance may request renegotiation of the contract from their contracting party.
Article 15 – FORCE MAJEURE
The Parties shall not be held liable if the non-performance or delay in performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.
Article 16 – APPLICABLE LAW – LANGUAGE
These General Terms and Conditions of Sale and the transactions resulting therefrom are governed by French law.
They are drafted in French. In the event they are translated into one or more languages, only the French text shall prevail in case of dispute.
Article 17 – DISPUTES
Any disputes arising from purchase and sale transactions concluded under these General Terms and Conditions of Sale, concerning their validity, interpretation, execution, termination, consequences, and aftermath, which cannot be resolved between the Seller and the Customer, shall be submitted to the competent courts according to ordinary law.
The Customer is informed that they may, in any event, resort to conventional mediation, notably with the Consumer Mediation Commission (Consumer Code, Article L 612-1) or existing sectoral mediation bodies, whose references are available on the galeriejais.com website, or to any alternative dispute resolution method (such as conciliation) in case of dispute.
Article 18 – PRECONTRACTUAL INFORMATION – CUSTOMER ACCEPTANCE
Article L. 217-4 of the Consumer Code
The seller is obliged to deliver goods that comply with the contract and is liable for any defects of conformity existing at the time of delivery. The seller is also liable for defects of conformity resulting from packaging, assembly instructions, or installation when these have been entrusted to them by the contract or carried out under their responsibility.
Be suitable for the usual use expected of similar goods and, if applicable:
Correspond to the description given by the seller and possess the qualities presented to the buyer in the form of a sample or model;
Have the qualities that a buyer can legitimately expect, taking into account public statements made by the seller, the producer, or their representative, notably in advertising or labeling;
Or possess the characteristics defined by mutual agreement of the parties or be suitable for any special use sought by the buyer, made known to the seller and accepted by them.
Article L. 217-12 of the Consumer Code
The action resulting from a lack of conformity expires two years after the delivery of the goods.
Article L. 217-16 of the Consumer Code
When the buyer requests the seller, during the commercial warranty granted upon acquisition or repair of a movable good, a repair covered by the warranty, any immobilization period of at least seven days is added to the remaining duration of the warranty. This period begins from the buyer's intervention request or the provision of the item for repair if the latter occurs after the request.
Article 1641 of the Civil Code
The seller is bound by the warranty for hidden defects of the sold item that make it unfit for the intended use or so diminish its use that the buyer would not have acquired it or would have paid a lower price had they known about them.
Article 1648, first paragraph, of the Civil Code
The action resulting from redhibitory defects must be brought by the buyer within two years of discovering the defect.
Appendix 1 – PROVISIONS RELATING TO LEGAL WARRANTIES
By placing an order on the galeriejais.com website, any individual (or legal entity) fully accepts these General Terms and Conditions of Sale and the obligation to pay for the ordered Products, which is expressly acknowledged by the Customer, who waives, in particular, the right to invoke any contradictory document that would be unenforceable against the Seller.
Appendix 2 – WITHDRAWAL FORM
This 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 right of withdrawal under the applicable General Terms and Conditions of Sale.
To:
Adrien Jaïs
35 rue Boulard
75014 Paris
France
Order date: ............................................................
Order number: .......................................................
Customer name: .....................................................
Customer address: ................................................
Customer signature (only if notifying this form on paper):