TERMS OF SALE
ARTICLE 1 – Scope
The present General Terms and Conditions of Sale (known as “GTC”) apply, without restriction or reservation, to all sales concluded by the Seller to non professional buyers (“The Clients” or “the Client”), wishing to acquire the products offered for sale (“The Products”) by the Seller on the website jonara.fr.
The Products offered for sale on the site are the following:
Digital research publications (PDF reports) distributed under license, published under the series The Global Wellness Voices by Jonara. Each report is delivered as a watermarked digital PDF file, available in three license levels: Single User License (€800 excl. tax), Site License up to 10 establishments
(€2,900 excl. tax), Unlimited Enterprise License (€7,500 excl. tax).
The main characteristics of the Products, and notably the specifications, illustrations, and indications of dimensions or capacity of the Products, are presented on the website jonara.fr, which the Client is required to read before ordering. The choice and purchase of a Product are the sole responsibility of the Client. Product offers are valid within the limits of available stocks, as specified during the placement of the order.
These GTC are accessible at any time on the website jonara.fr and shall prevail over any other document. The Client declares to have read these GTC and to have accepted them by checking the box provided for this purpose before the implementation of the online ordering procedure on the site jonara.fr. Unless proven otherwise, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Client.
The Seller’s contact details are as follows: Jonara, SASU, share capital of 1,500 euros, registered with the RCS of Paris under the number 999264419, 24 Rue de Clichy, 75009 Paris, France. Email: contact@jonara.fr.
Intracommunity VAT Number: FR24999264419.
The Products presented on the site jonara.fr are offered for sale for the following territories: Worldwide sale — all countries and territories.
In the case of an order to a country other than metropolitan France, the Client is the importer of the Product(s) concerned. For all Products shipped outside the European Union and French Overseas Territories (DOM-TOM), the price will be automatically calculated excluding taxes on the invoice. Customs duties or other local taxes or import duties or state taxes are likely to be payable. They will be at the charge of and are the sole responsibility of the Client.
ARTICLE 2 – Price
The Products are provided at the rates in force appearing on the site jonara.fr during the registration of the order by the Seller. Prices are expressed in Euros, excl. tax (HT) and incl. tax (TTC). The rates take into account possible reductions that might be granted by the Seller on the site jonara.fr. These rates are firm and non-revisable during their period of validity, but the Seller reserves the right, outside the period of validity, to modify the prices at any time.
The prices do not include processing, shipping, transport, and delivery costs, which are invoiced in addition, under the conditions indicated on the site and calculated prior to the placement of the order. The payment requested
from the Client corresponds to the total amount of the purchase, including these costs. An invoice is established by the Seller and provided to the Client upon delivery of the ordered Products.
For any sale outside the European Union, the Client acknowledges being the importer of the digital content and assumes sole responsibility for the declaration and payment of any local tax (Sales Tax, GST, etc.) or customs duty applicable in their jurisdiction.
ARTICLE 3 – Orders
It is the responsibility of the Client to select on the site jonara.fr the Products they wish to order, according to the following terms: The Client selects the desired license level (Single User, Site, or Enterprise) and proceeds to payment via the secure checkout page.
They provide their contact details, accept these general terms and conditions of sale, and expressly waive their right of withdrawal before downloading the digital file. The payment is processed immediately and securely via Stripe. Upon receipt of payment, an order confirmation is sent by email and the report is made available for download as a watermarked PDF file.
Product offers are valid as long as they are visible on the site, within the limits of available stocks. The sale will only be considered valid after full payment of the price. It is the responsibility of the Client to verify the accuracy of the order and to immediately report any error.
Any order placed on the site jonara.fr constitutes the formation of a contract concluded at a distance between the Client and the Seller. The Seller reserves the right to cancel or refuse any order from a Client with whom there exists a dispute relating to the payment of a previous order. The Client may follow the progress of their order on the site.
ARTICLE 4 – Payment Conditions
The price is paid by way of secure payment, according to the following terms: Payment by bank card.
The price is payable in cash by the Client, in full on the day of the placement of the order. Payment data is exchanged in encrypted mode thanks to the protocol defined by the authorized payment provider involved in the banking
transactions carried out on the site jonara.fr.
Payments made by the Client will only be considered final after effective collection by the Seller of the sums due. The Seller will not be required to proceed with the delivery of the Products ordered by the Client if the latter does not pay the price in full under the conditions indicated above.
ARTICLE 5 – Deliveries
The Products ordered by the Client will be delivered in metropolitan France or in the following zones: Worldwide sale.
Deliveries occur within a delay of immediate availability upon confirmation of payment — the PDF file is made available at the address indicated by the Client during their order on the site.
Delivery is constituted by the transfer to the Client of physical possession or control of the Product. Except for special cases or unavailability of one or more Products, the ordered Products will be delivered all at once. The Seller undertakes to make its best efforts to deliver the products ordered by the Client within the timeframes specified above.
If the ordered Products have not been delivered within a delay of 24 hours after the indicative date of delivery, for any other cause than force majeure or the act of the Client, the sale may be resolved at the written request of the Client under the conditions provided for in articles L 216-2, L 216-3 and L241-4 of the Consumer Code.
The sums paid by the Client will then be returned to them at the latest within fourteen days following the date of termination of the contract, to the exclusion of any compensation or withholding.
In the case of a special request from the Client concerning the conditions of packaging or transport of the ordered products, duly accepted in writing by the Seller, the costs related thereto will be the subject of specific additional
invoicing, based on a previously accepted quote in writing by the Client.
The Client is required to check the state of the delivered products. They have a period of 48 hours from delivery to formulate claims by email to contact@jonara.fr, accompanied by all relevant supporting documents, notably photos.
After this period and failing to have respected these formalities, the Products will be deemed compliant and free of any apparent defect and no claim can be validly accepted by the Seller.
The Seller will refund or replace as soon as possible and at its own expense the delivered Products whose lack of conformity or apparent or hidden defects have been duly proven by the Client, under the conditions provided for in articles L 217-4 and following of the Consumer Code and those provided for in these GTC.
The transfer of risks of loss and deterioration relating thereto will only be carried out at the moment the Client takes physical possession of the Products. The Products therefore travel at the risk and peril of the Seller except when the Client has chosen the carrier themselves. In this respect, the risks are transferred at the time of handing over the good to the carrier.
The Seller cannot be held responsible for a delay or impossibility of delivery of the digital Product in case of force majeure, including notably the failures of telecommunications networks, interruptions of third-party payment services, or cyberattacks.
ARTICLE 6 – Transfer of Ownership
The transfer of ownership of the Products from the Seller to the Client will only be carried out after full payment of the price by the latter, regardless of the date of delivery of said Products.
ARTICLE 7 – Right of Withdrawal
Given the nature of the Products sold (digital content not provided on a physical medium), orders placed by the Client do not benefit from the right of withdrawal, in accordance with article L.221-28 13° of the Consumer Code.
The contract is therefore concluded definitively upon the placement of the order by the Client according to the terms specified in these GTC.
By checking the acceptance box of the GTC before payment, the Client gives their express consent for the commencement of the execution of the service and expressly waives their right of withdrawal.
ARTICLE 8 – Liability of the Seller – Warranties
The Products provided by the Seller benefit from:
The legal warranty of conformity, for defective, spoiled, or damaged Products or those not corresponding to the order.
The legal warranty against hidden defects resulting from a defect in material, design, or manufacture affecting the delivered products and rendering them unfit for use.
Provisions relating to legal warranties:
Article L217-4 of the Consumer Code: “The seller is required to deliver a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. They are also liable for lacks of conformity resulting from the packaging, assembly instructions, or installation when the latter has been placed at their charge by the contract or has been carried out under their responsibility.”
Article L217-5 of the Consumer Code: “The good conforms to the contract: 1° 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 possesses the qualities that the latter presented to the buyer in the form of a sample or model; if it presents the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by their representative, notably in advertising or labeling; 2° Or if it presents the characteristics defined by mutual agreement between the parties or is fit for any special use sought by the buyer, brought to the knowledge of the seller and which the latter has accepted.”
Article L217-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed by two years from the delivery of the good.”
Article 1641 of the Civil Code: “The seller is bound by the warranty on account of hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lower price, if they had known of them.”
Article 1648 paragraph 1 of the Civil Code: “The action resulting from redhibitory defects must be brought by the acquirer within a period of two years from the discovery of the defect.”
Article L217-16 of the Consumer Code: “When the buyer asks the seller, during the course of the commercial warranty granted to them during the acquisition or repair of a movable good, for a restoration covered by the warranty, any period of immobilization of at least seven days is added to the duration of the warranty which remained to run.
This period runs from the request for intervention by the buyer or the provision for repair of the good in question, if this provision is subsequent to the request for intervention.”
In order to assert their rights, the Client must inform the Seller, in writing (email or mail), of the non-conformity of the Products or of the existence of hidden defects from the time of their discovery.
The Seller will refund, replace, or have repaired the Products or parts under warranty judged non-compliant or defective. Shipping costs will be refunded on the basis of the invoiced rate and return costs will be refunded upon presentation of supporting documents.
Refunds, replacements, or repairs of Products judged non-compliant or defective will be carried out as soon as possible and at the latest within 30 days following the finding by the Seller of the lack of conformity or hidden defect. This refund may be made by bank transfer.
The responsibility of the Seller cannot be engaged in the following cases:
Non-compliance with the legislation of the country in which the products are delivered, which it is the responsibility of the Client to verify.
In case of misuse, use for professional purposes, negligence, or lack of maintenance on the part of the Client, as in the case of normal wear and tear of the Product, accident, or force majeure.
The photographs and graphics presented on the site are not contractual and cannot engage the responsibility of the Seller.
The warranty of the Seller is, in any event, limited to the replacement or refund of non-conforming Products or those affected by a defect.
The Seller provides diagnostic and research data for informational purposes only. The Products are provided “as is”.
The Seller does not guarantee any specific commercial, financial, or operational result arising from the use of the data.
The global liability of the Seller is strictly limited to the amount excl. tax (HT) paid by the Client for the Product concerned.
ARTICLE 9 – Personal Data
The Client is informed that the collection of their personal data is necessary for the sale of the Products by the Seller as well as for their transmission to third parties for the purposes of delivering the Products. This personal data is collected solely for the execution of the sales contract.
The Client is furthermore informed that the collection of their personal data is also necessary in view of the following purposes: sending commercial communications and information relating to Jonara publications (newsletter). This purpose is justified by the express consent of the person concerned, collected via an optional and non-pre-checked box at the time of registration or order, in accordance with the GDPR.
9.1 Collection of personal data
The personal data collected on the site jonara.fr are as follows:
Order of Products: Upon ordering Products by the Client: name, first names, postal address, telephone number, and email address.
Payment: In the context of the payment of Products offered on the site jonara.fr, it records financial data relating to the bank account or credit card of the Client / user.
9.2 Recipients of personal data
Personal data are used by the Seller and its co-contractors for the execution of the contract and to ensure the efficiency of the sales and delivery service of the Products.
The category(ies) of co-contractor(s) is (are): Payment establishment providers.
Online payment provider (Stripe) and electronic communication sending provider (MailLiter).
9.3 Controller
The data controller is the Seller, within the meaning of the French Data Protection Act and, from May 25, 2018, of Regulation 2016/679 on the protection of personal data (GDPR).
9.4 Limitation of processing
Unless the Client expresses their express agreement, their personal data are not used for advertising or marketing purposes.
9.5 Data retention period
The Seller will keep the data thus collected for a period of 5 years, covering the time of the applicable contractual civil liability prescription.
9.6 Security and confidentiality
The Seller implements organizational, technical, software, and physical measures in terms of digital security to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the
Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.
9.7 Implementation of the rights of Clients and users
In application of the regulations applicable to personal data, Clients and users of the site jonara.fr have the following rights:
They can update or delete the data concerning them by sending a request by email to contact@jonara.fr.
They can delete their account by writing to the email address indicated in article 9.3 “Controller”.
They can exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9.3 “Controller”.
If the personal data held by the Seller are inaccurate, they can request the updating of the information by writing to the address indicated in article 9.3 “Controller”.
They can request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in article 9.3 “Controller”.
They can also request the portability of the data held by the Seller to another provider.
Finally, they can object to the processing of their data by the Seller.
These rights, as long as they do not oppose the purpose of the processing, can be exercised by sending a request by mail or by email to the Controller whose contact details are indicated above. The controller must provide a response within a maximum period of one month.
In case of refusal to grant the Client’s request, it must be motivated. The Client is informed that in case of refusal, they can lodge a complaint with the CNIL (3 place de Fontenoy, 75007 Paris) or seize a judicial authority.
The Client may be invited to check a box under which they accept to receive informative and advertising emails from the Seller. They will always have the possibility to withdraw their agreement at any time by contacting the Seller or by following the unsubscribe link.
ARTICLE 10 – Intellectual Property
The content of the site jonara.fr is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly prohibited and is likely to constitute a crime of counterfeiting.
The Client is granted a personal, non-exclusive, and non-transferable license of use, the scope of which depends on the level chosen during the order:
Single User License Use is strictly limited to one (1) single physical person (designated named user) within the client organization. The report is personal and non-transferable; sharing the document or its contents with other individuals, even within the same department, is strictly prohibited.
Site License This license authorizes access and use for a maximum of five (5) identified users belonging to the same legal entity. This authorization is restricted to one (1) physical location or unit. Use is strictly for the internal operations of the purchasing entity.
Enterprise License This license grants unlimited use for all employees of the purchasing legal entity and its wholly-owned subsidiaries. There are no restrictions on the number of physical sites or geographical locations. Global intranet hosting for internal knowledge management is permitted under this license.
Any distribution or sharing of the PDF file outside the perimeter of the chosen license is strictly prohibited.
ARTICLE 11 – Applicable Law – Language
These GTC and the operations resulting from them are governed by and subject to French law.
These GTC are written in the French language. In the case where they are translated into one or more foreign languages, only the French text shall be authentic in the event of a dispute.
ARTICLE 12 – Disputes
For any claim, please contact the customer service at the email address of the Seller indicated in article 1 of these GTC.
The Client residing in the European Union is informed that they can in any case resort to conventional mediation, with existing sectoral mediation bodies or any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
In this case, the designated mediator is: Centre de Médiation et de Conciliation Commerciale (CM2C), 14 rue Saint Jean, 75017 Paris.
The Client is also informed that they can, if they reside in the European Union, resort to the Online Dispute Resolution (ODR) platform.
All disputes to which the purchase and sale operations concluded in application of these GTC could give rise, concerning both their validity, their interpretation, their execution, their termination, their consequences and their suites and which have not been the subject of an amicable settlement or mediation, will be submitted to the competent courts of the jurisdiction of the Court of Appeal of Paris, notwithstanding plurality of defendants or impleader.
ARTICLE 13 – Severability
If any of the stipulations of these GTC were canceled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parties.