Terms of sale

 

PREAMBLE

Welcome to www.joyamada.com - This website is operated by Joyamada®. Throughout the site, we use the terms "Joyamada", "we", "us" and "our" in reference to the Joyamada® brand. This website, including all information, tools and services available through it, is offered by Joyamada® to you, the user, conditioned on your acceptance of all of the terms, conditions, policies and notices contained herein. The content of this site is subject to change without notice, but of course in compliance with all applicable laws.

By visiting our site and/or purchasing something from us, you are participating in our "Service" and agree to be bound by the following terms and conditions ("Terms and Conditions"), including the terms, conditions and policies referenced and/or hyperlinked herein. These Terms and Conditions apply to all users of the Site, including but not limited to individuals who are visitors, suppliers, customers, merchants and/or content providers.

Please read these Terms and Conditions carefully before accessing and using our website. By accessing or using any part of the website, you agree to be bound by these Terms and Conditions. If you do not accept all of the terms and conditions of this agreement, you may not be able to access the website or use its services. If these General Terms and Conditions of Sale are considered an offer, acceptance is expressly limited to them.

Any new tools or functionalities added to this shop are also subject to the General Terms and Conditions of Sale. You can consult the most recent version of the General Terms and Conditions of Sale at any time on this page. We reserve the right to update, modify or replace any part of these Terms and Conditions by posting such updates and/or modifications on our website. It is your responsibility to check this page from time to time for changes. Your continued access or use of the website following the posting of changes will constitute your acceptance of those changes.

Our shop is hosted on Shopify Inc. which provides us with the online e-commerce platform that enables us to sell our products and services to you.

GENERAL TERMS AND CONDITIONS OF SALE FOR THE ONLINE SHOP

By accepting these General Terms and Conditions of Sale, you declare that you have reached or exceeded the age of majority in your region, province or state and that you have given us permission to allow any minor dependent on you to use this site.

All products listed on the Joyamada® website are available for delivery* to the following countries:

Metropolitan France, Corsica, Monaco, Andorra

Europe: Germany, Luxembourg, Netherlands, Austria, Ireland, Italy, Portugal, Spain, Denmark, Estonia, Hungary, Latvia, Lithuania, Poland, Czech Republic, Slovakia, Slovenia, Sweden, Switzerland, Greece, Finland, Croatia, Bulgaria, Cyprus, Malta, Romania.

International: United Kingdom, Iceland, Norway, Algeria, Bosnia Herzegovina, Tunisia, Georgia, Moldova, Serbia, Vatican City, Saint-Martin, Liechtenstein, Canada, USA, Mauritius, South Africa, United Arab Emirates, Qatar, Senegal, Argentina, Hong Kong, Japan

*Excluding products on the site that are out of stock (indicated on the product sheet).

You must not in any way use our products for any illegal or unauthorised purpose or breach any laws in your jurisdiction when using the Service (including, without limitation, copyright laws).

You must not transmit any worms, viruses or other code of a destructive nature.

A breach or violation of any of the Terms and Conditions will result in immediate termination of your Services.

CUSTOMER ACCOUNT

In order to order on our website, you will need to create an account via the "Create an account" section.

Creating an account allows you to:

• enter your personal details to make future purchases easier;
• to consult, modify and update your personal information;
• identify yourself before placing an order;
  
• track your current orders and view invoices for previous orders;
  
• join our loyalty programme free of charge and collect points on your purchases.

You are solely responsible for maintaining the confidentiality of your customer account and password, and for restricting access to your computer or other equipment.

As such, you acknowledge that you are responsible for all activities that occur under your customer account. If you suspect that your customer account is being used by a third party, we recommend that you change your password and contact us to close the usurped customer account, if necessary.

PRICES

The prices shown on the www.joyamada.com website are expressed by default in euros including all French taxes (TTC), on the basis of French value added tax (VAT) at 20%, excluding delivery costs.

When you place an order, you undertake to ensure that all the information you provide is true and accurate: billing & delivery address, email address, telephone number.

You acknowledge that you are an authorised user of the payment method you have used to place your order and that you have sufficient funds to cover the cost of the goods.

The products remain the property of Joyamada until full payment has been received. The total amount due is the amount indicated on the order confirmation. The total amount of the basket at step 1 only includes the price of the item(s) including VAT. The total price will be notified on the order when you choose the delivery method at the "Delivery" stage.

The "Payment" stage allows you to choose the desired method of payment. The amount indicated at this stage is the total amount of the order, including delivery costs depending on the delivery method chosen by the Buyer.

On receipt of an order confirmation, an invoice for your order will be available in the "Account" area. This will include a summary of the products as well as the total price paid by the payment method of your choice. The standard prices on our French website are displayed in euros. They are also available in other currencies for the markets where we sell our products. You can easily choose the currency you wish to use by clicking on the menu at the top right of each page on the desktop or in the context menu on mobile devices and tablets.

If you purchase products in a currency other than that offered by your bank, your bank may charge you for exchange rate fluctuations and bank card fees. Please note that these charges will not be covered by Joyamada®.

PAYMENT

Payment for an order can be made via: 

• Credit card. 
  The following cards are accepted on our website: CB, E-carte Bleu, Visa, Visa Electron, Mastercard, Maestro. Payment is made via Shopify Payments (secure online payment solution).
• PayPal. 
  Payment is made via Shopify Payments (secure online payment solution).
• Apple Pay. 
  Payment is made via Shopify Payments (secure online payment solution).
• Immediately or in 3 instalments at no extra cost (for purchases over £120) with our partner KLARNA (only available for payments in euros). For more information, please visit the following link: https://www.klarna.com/fr/service-client/  

Please note that orders are only processed once payment has been received. In the event of non-payment due to refusal by the bank or a customer blocking the transaction, either before or after the transaction has been validated, Joyamada® will cancel the sale and may, if necessary, demand that the product be returned at the customer's expense. 

Discounts offered are not refundable in cash and must be used as a deduction when placing an order (subject to compliance with the validity dates).

Any item purchased via the www.joyamada.com website can be paid for by credit card via our secure payment partner Sophify Payments, via the PayPal service, or via the Klarna service.

In the case of payment by credit card, the debit is made at the time of order confirmation, after confirmation by the card-issuing bank. In accordance with the recommendation of the CNIL, payments are made via highly secure pages for data entry: card number, expiry date and visual cryptogram (PCI DSS standard). The platform encrypts and then transmits this payment data to the bank in complete confidentiality, making it inaccessible to third parties.

If the bank refuses the payment, your order will be automatically cancelled. At no time will your bank details pass through the Joyamada® computer system.

GENERAL TERMS AND CONDITIONS

We reserve the right to refuse service at any time and for any reason.

You understand that your content (with the exception of your credit card information) may be transferred without encryption and that this includes (a) transmissions over multiple networks; and (b) changes made in order to conform and adapt to the technical requirements of connecting networks or devices. Your credit card information is always encrypted when transferred over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, any use of or access to the Service, or any contact on the website through which the Service is provided, without our express written permission.

The headings used in this agreement are included for convenience only and shall not limit or affect these Terms in any way.

For exceptional orders, please contact Joyamada® Customer Service.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We cannot be held responsible if the information provided on this site is inaccurate, incomplete or out of date. The content of this site is provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting greater, more accurate, more complete or more current sources of information. If you rely on the content of this site, you do so at your own risk.

This site may contain certain historical data. By definition, historical data is not current and is provided for reference purposes only. We reserve the right to modify the contents of this site at any time, but we are under no obligation to update any information contained herein. You acknowledge that it is your responsibility to monitor changes to our site.

The images used are not contractual, and there may be some differences between the photographs and the actual object. Indeed, a photograph is an optical and technical process that may present variations and defects in appearance between reality and the rendering of the photograph.

For size information, please refer to the size guide on the product page with the size option, or consult our specific Size Guide page, available from the footer of our website.

SERVICE AND PRICE MODIFICATIONS

Prices of our products are subject to change without notice.

We reserve the right to modify or terminate the Service (or any part thereof) at any time without notice.

We shall not be liable to you or to any third party for any change in prices, or for any modification, suspension or discontinuance of the Service.

SPECIAL OFFERS

From time to time we may offer discount codes, either directly or through third parties. These codes can be used in the 'Discount Code' field on your shopping cart page and/or at checkout. Codes are valid for specific products and periods and cannot be exchanged. Special offers apply only to full-price items and cannot be combined with other offers or discounts.

GIFT CARDS

You can purchase Joyamada digital gift cards, which can be used as payment for your orders, only on our website www.joyamada.com.

Gift cards are valid for 12 months from the date of purchase and cannot be extended.

Gift cards can be used in instalments over the 12-month period, so you can choose whether to pay in instalments or in full with your gift card.

Gift cards can be purchased for a fixed face value of between €30 and €120.

Gift cards cannot be exchanged for cash, nor refunded.

The Joyamada® gift card cannot be taken back, exchanged or reimbursed for any reason whatsoever (including theft, loss or damage). Products purchased using the Joyamada® gift card are subject to the same warranty policy as products paid for by other means of payment.

The gift card can be used as many times as you wish until the initially activated credit is used up. If the amount of a purchase exceeds the available balance, the difference can be paid by any of the payment methods accepted by the Joyamada® website. The gift card is valid for 1 year from the date of purchase, on the www.joyadama.com website only. Joyamada® reserves the right to modify the conditions of use of the gift card at any time and without prior notice, and will inform Customers via its website.

When purchasing a gift card, you or the person of your choice will receive an email containing a gift card code to the recipient email address previously entered on the "gift card" product sheet.

To be able to use the gift card when making a purchase, you need to enter the code in the dedicated "Discount code" space at the basket stage. Once the code has been applied, the amount will be automatically included in the order and deducted from the basket balance.

If the code does not work, or if you are unable to apply the discount, we recommend that you contact Customer Service by email at hello@joyamada.com or via our online chat service, available Monday to Friday from 8:00 am to 7:00 pm.

It is possible to exchange a product purchased with a gift card within 14 clear days from the date of receipt of your purchase, but the item cannot be reimbursed at any time. It may only be the subject of a credit note.

Credit notes issued by the www.joyamada.com website can only be used on the Joyamada® website. Credit notes are valid for 6 months from the date of issue.

PRODUCTS AND SERVICES

Some products or services may only be available online through the Joyamada® website. Quantities of these products or services may be limited and their return or exchange is strictly subject to our Returns Policy.

We have endeavoured to present as accurately as possible the colours and images of the products shown in the shop. However, we cannot guarantee the accuracy with which colours will appear on your computer screen. In addition, our products are handmade and may differ slightly from the photos on the www.joyamada.com website.

We reserve the right, but are not obliged, to limit the sale of our products or services to any particular person, geographic region or jurisdiction. We reserve the right to exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services we offer. All product descriptions and pricing are subject to change at any time, without notice and at our sole discretion. We reserve the right to discontinue the sale of any product at any time. Any offer of products or services on this site is void where prohibited by law.

We do not guarantee that the quality of the products, services, information or other materials you purchase or obtain will meet your expectations or that any errors in the Service will be corrected.

When you place an order for a service (changing a cord, modifying a piece of jewellery, adding an engraving), the order is kept for up to 3 months from the date of the order. After 3 months, if we have not received your jewellery and any payment, your order will be cancelled with no possibility of reimbursement.

If you choose to collect your order from our workshop, it will be available for collection for 3 months from the date of purchase. After 3 months, if you have not come to collect it, your order will be destroyed with no possibility of being reimbursed.

If you have any other questions about our Terms and Conditions of Sale, please send an email to our Customer Service department at hello@joyamada.com or contact us via our online chat service, available Monday to Friday from 8am to 7pm.

We aim to respond to every email within two working days and will do our best to find a solution to your problem. Please remember to check your junk mail, as our replies may end up there.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. Such restrictions may include orders placed by or on the same customer account, the same credit card and/or orders using the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you by contacting you using the e-mail address and/or billing address or telephone number provided at the time the order was placed. We reserve the right to limit or prohibit orders which, in our opinion, appear to have been placed by traders, resellers or distributors.

You agree to provide current, truthful, complete and accurate purchase and account information for all purchases made from our shop. You agree to promptly update your account and other information, including your e-mail address and credit card numbers and expiration dates, so that we may complete your transactions and contact you if necessary.

CANCELLATION POLICY

All orders are considered final and non-modifiable and may only be cancelled with Joyamada's express consent and under conditions that will compensate Joyamada for any loss or damage caused by such cancellation.

SHIPPING & DELIVERY

Joyamada delivers the product(s) ordered to the delivery address you provided in the ‘Delivery’ section of your order. It is essential that you check that this address is correct. Any reshipment due to an incorrect address will be at your sole expense.

Delivery costs are calculated based on the delivery method you selected when placing your order in the ‘Delivery Method’ section.

All orders are processed by Joyamada within 2 working days. These times may be extended during busy periods or pandemics. You will receive an email when your order is dispatched containing the tracking number, allowing you to locate your parcel and track its progress via the carrier's website.

Delivery times are detailed on our Delivery page and are provided for information purposes only. Carriers reserve the right to change their delivery times in the event of access difficulties, pandemics or high activity. Joyamada cannot be held responsible for any delays caused by the Carrier, which acts as a third-party service provider chosen by the Buyer.

You can choose Click & Collect pickup at a partner store in Paris's 3rd arrondissement as your delivery method during the ‘Delivery method’ step of the ordering process. This service is free of charge. The time frame for your order to be available for pickup is indicated during the ‘Delivery method’ step. For logistical reasons, you will not be notified by email when your order is available for collection at the Paris collection point. If you wish to ensure that your order has arrived, please contact Joyamada Customer Service via our online chat, available Monday to Friday from 8:00 am to 7:00 pm. You can collect your order during the collection point's opening hours within one month. To collect your order, you must present yourself with proof of identity or a paper or digital copy of your order confirmation email.

Provided the items are in stock, all orders are shipped within 48 hours of your order being placed, once payment has been received by Joyamada.

Your order will be delivered to the delivery address provided when you placed your order. It is your responsibility to ensure that the delivery address you have provided is correct and that, if necessary, someone is available to receive the chosen delivery service. Joyamada® cannot be held responsible for parcels signed for by anyone other than the recipient.

If you have not received your order within 3 working days (Monday to Friday) following the maximum waiting time indicated by the website of the Carrier you have selected, we invite you to contact Customer Service by email at hello@joyamada.com or via our online Chat, available Monday to Friday from 8:00 am to 7:00 pm.

We strive to respond to every email within two working days and will do our best to find a solution to your problem. Please remember to check your spam folder, as our replies may end up there.

If your parcel is returned to our workshop for one of the following reasons: NPAI (does not live at the address provided), incomplete address, unclaimed or not received within the specified time frame, we will ask you to pay the re-shipping costs for the return of the parcel.

Joyamada® declines all responsibility for delivery in the following cases:

• Return of parcels due to an incorrect or incomplete address: the parcel may be re-shipped at the customer's request, in which case the customer will be charged for the new shipment.
• Return of parcels due to failure to collect them within the specified time frame from the delivery service provider: the parcel may be re-shipped at the customer's request, resulting in the customer being charged for a new shipment.
• Return of parcels due to failure to collect them within the specified time frame from the delivery service provider and request for a refund for the parcel: subject to the returned parcel being received by the carrier, Joyamada will refund the product(s), minus delivery costs, even if these were initially offered free of charge.
• For lost parcels, please refer to the legal information available on the government website: https://www.service-public.fr/particuliers/vosdroits/F10037

CUSTOMS FEES

Orders shipped outside the European Union may be subject to taxes, customs duties, customs fees and additional charges imposed by the shipping company chosen by the recipient.

Payment is made by the recipient; Joyamada® cannot be held responsible for these charges once the package has been dispatched from our workshop.

Please also note that customs clearance may result in additional delays.

RETURNS & EXCHANGES POLICY

Engraved products: given the nature of our products, which are personalised with your words or messages, our items cannot be returned or refunded.

In accordance with Article L 221-28 of the French Consumer Code, personalised products are not subject to the right of withdrawal. As such, no refunds or exchanges can be made. We would therefore like to draw the customer's attention to the fact that the right of withdrawal does not apply to some of the customisable products in the Joyamada catalogue.

The right of withdrawal is therefore excluded for jewellery or accessories that have been personalised by the customer.

Non-engraved products: If you have decided to purchase an engraved product without engraving it, or if you have purchased another product on our website (excluding exceptions) and you wish to return it, please contact us within 14 clear days of the date of receipt of your purchase, in order to return the product to us. The product must be returned in perfect condition, in its original packaging.

Joyamada recommends that you return products by recorded delivery. You can choose the carrier of your choice, but you must ensure that you have a tracking number and proof of shipment of your products.

The choice and purchase of a product are the sole responsibility of the customer. The total or partial impossibility of using the product, in particular due to incompatibility of equipment, may not give rise to any compensation, reimbursement or liability on the part of Joyamada®.

Exceptions: for reasons of hygiene, earrings cannot be exchanged.

You will be reimbursed the amount of your order concerning the product(s) returned as well as the initial delivery costs, i.e. standard delivery (Lettre Suivie) in accordance with the Hamon law in force since June 2014 which stipulates that "the professional is not obliged to reimburse additional costs if the consumer has expressly chosen a more expensive delivery method than the standard delivery method offered by the professional", no later than 14 days after exercising the right of withdrawal.

Reimbursement will be made by bank transfer to the credit card used to pay the original invoice.

Joyamada will not refund or exchange jewellery that has been engraved or personalised in accordance with Article L121-20-2 of the French Consumer Code, which allows e-merchants to exclude from the scope of the right of withdrawal contracts relating to the "supply of goods (...) clearly personalised".

If the return is due to an error on the part of Joyamada (reference, size, engraving, hidden defect, etc.), Joyamada® undertakes to reimburse the standard delivery costs and to reship a new product or its equivalent in the event of unavailability, at its expense. You may also request a refund of the product.

GUARANTEE

Joyamada offers a 1-year commercial warranty. This applies to all jewellery sold on the website www.joyamada.com. Our jewellery is guaranteed against manufacturing defects for a period of 1 year from the date of purchase. This warranty is valid under normal use of the product and upon presentation of proof of purchase (purchase invoice, order reference, customer account).

Exceptions: Coloured pompoms, cords and Liberty fabric are guaranteed for 3 months from the date of purchase, if there is a quality issue.

The warranty applies under normal conditions of use and does not cover: defects resulting from accidents (such as breakage), improper or abusive handling or use (such as impact, marks, crushing, exposure to corrosive agents), theft, loss, or the consequences of normal wear and tear and ageing of the jewellery. Necklace chains with a link that has broken due to improper use are not covered by the warranty.

On the other hand, any item that is defective due to a manufacturing defect duly noted by the Buyer who has notified our Customer Service within 3 clear days of receiving your order will be repaired or replaced, depending on the availability of the product.

For you to benefit from the guarantee, you must have the purchase invoice for the jewellery, which is available in your "customer account" area. Without these elements, it will not be possible for Joyamada® to process your request for application of the guarantee.

In the case of an after-sales service request outside the warranty period, it is generally possible to have your jewellery repaired; we will carry out an expert appraisal and provide an estimate in our workshop. If you agree, and subject to full payment, we will repair your jewel and it will be returned to you as soon as possible. The repair will be carried out once your payment has been validated.

If you have any questions, please do not hesitate to contact Customer Services by email at hello@joyamada.com or via our online chat service, available Monday to Friday from 8am to 7pm.

We endeavour to reply to each email within two working days and will do our best to find a solution to your problem. Please remember to check your junk mail, as our replies may end up there.

BRAND INTELLECTUAL PROPERTY AND COPYRIGHT

The content made available on this website in its entirety, including but not limited to the site itself, its design, layout, texts, photos, videos, animations, illustrations and logos, is protected by copyright throughout the world.

All these rights are reserved by Joyamada®. You may not copy, publish, manipulate, distribute or reproduce in any other way this content or copies of this content without our prior authorisation or under penalty of being prosecuted.

OPTIONAL TOOLS

We may provide you with access to third-party tools that we do not monitor, control or manage.

You acknowledge and agree that we provide you with access to these tools on an "as is" and "as available" basis, without warranty, representation or condition of any kind and without endorsement. We shall not be responsible or liable for anything arising out of or in connection with your use of any optional third-party tools.

Any use by you of the optional tools offered through the Site is entirely at your own discretion and risk. In addition, it is your responsibility to inform yourself about the conditions under which these tools are provided by the third party supplier(s) concerned and to accept these conditions.

We may also, in the future, offer new services and/or features through the Website (including the launch of new tools and resources). These new services and/or features will also be subject to these Terms and Conditions.

THIRD PARTY LINKS

Certain content, products and services accessible via our Service may include materials from third parties.

Third party links on this website may redirect you to third party websites that are not affiliated with us. We are not required to review or evaluate their content or accuracy, nor do we warrant or assume any responsibility for the content or websites, or other content, products or services of third party sources.

We are not responsible for any harm or damage related to the purchase or use of goods, services, resources, content or any other transaction related to these third-party websites. Please read the policies and practices of these third parties carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to such third parties.

COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

We're always looking for ways to improve your shopping experience and our collection of classic, engraved and customizable jewelry. If you have any feedback about our products or services, please contact Customer Service by email at hello@joyamada.com or via our Online Chat, available Monday to Friday from 8am to 7pm.

We aim to respond to every email within two working days, and will do our best to find a solution to your problem. Please remember to check your spam folder, as our replies may end up there.

If, at our request, you submit specific content (for example, as part of your participation in contests), or if, without a request from us, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by e-mail, by mail or otherwise (collectively, "Comments"), you grant us the right, at any time and without restriction, to modify, copy, publish, distribute, translate and use in any media whatsoever any Comments you send to us. We are not and shall not be under any obligation (1) to maintain the confidentiality of any comments; (2) to compensate any person for any comments provided; or (3) to respond to any comments.

We may, but are not obligated to, remove content and Accounts containing content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms and Conditions.

You agree that your comments shall not infringe the rights of any third party, including copyrights, trademarks, privacy, publicity or any other personal or intellectual property rights. You further agree that your comments shall not contain any unlawful, abusive or obscene material, or any computer virus or other malicious software that may in any way affect the operation of any related website. You may not use a false e-mail address, pretend to be someone you are not, or attempt to mislead us or third parties as to the origin of any comments. You are entirely responsible for any comments you make and for their accuracy. We will not be liable for any comments posted by you or any third party.

PERSONAL INFORMATION

The transmission of your personal information to our store is governed by our Privacy Policy. Please consult our Privacy Policy.

ERRORS, INACCURACIES AND OMISSIONS

From time to time, information on our website may contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, shipping costs, lead times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on any related website is inaccurate, at any time and without notice (including after you have placed your order).

We are under no obligation to update, modify or clarify any information on any related website, including but not limited to pricing information, except as required by law. No specific update or refresh date applied to any website shall be deemed to indicate that all information offered in any related website has been modified or updated.

EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY

We do not warrant, represent or represent that your use of our Service will be uninterrupted, secure, timely or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that, from time to time, we may withdraw or suspend our website for indefinite periods or cancel it at any time without notice.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The service and all products and services provided to you through it are (unless expressly stated otherwise by us) provided "as is" and "subject to availability" for your use, and without representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability or merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

In no event shall Joyamada®, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages, including but not limited to lost profits, revenues, savings or data, replacement costs or other similar damages, whether in contract, tort (even negligence), strict liability or otherwise, arising out of your use of the Service or any service or product using the Service, or any other claim relating in any way to your use of the Service or any product, including, but not limited to, errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of the Service or any content (or product) published, transmitted or otherwise made available through the Service, even if you have been advised of the possibility of such claims.

Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend and hold Joyamada® and our parent company, SAS Valem, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms and Conditions or the documents referenced herein, or your violation of any law or the rights of a third party.

SEVERABILITY

In the event that any provision of these General Terms and Conditions of Sale is held to be illegal, void or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed to be severed from these General Terms and Conditions of Sale, without such holding affecting the validity and enforceability of the remaining provisions.

TERMINATION

The obligations and liabilities incurred by the parties prior to the date of termination shall survive the termination of this Agreement for all purposes.

These General Terms and Conditions of Sale shall remain in full force and effect unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease to use our site.

If we determine or suspect, in our sole discretion, that you are in breach of or have breached any term or provision of these Terms and Conditions, we may also terminate this agreement at any time without notice. You will then remain liable for all sums due up to and including the date of termination, as a result of which we may refuse you access to our Services (or any part of them).

ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions or any other operating policies or rules published by us on this site or relating to the Service constitute the entire understanding and agreement between you and us, and govern your use of the Service. They supersede all prior and contemporaneous agreements, communications and proposals, oral or written, between you and us (including, without limitation, any prior version of the Terms and Conditions).

Any ambiguity as to the interpretation of these Terms and Conditions shall not be construed to the detriment of the drafting party.

APPLICABLE LAW

These General Terms and Conditions of Sale, as well as any separate agreement by which we provide you with the Services, shall be governed by and construed in accordance with the local laws of the country in which SAS Valem, Joyamada®, 21 Place de la République, Paris, 75003, France, is located.

Sales concluded with Joyamada® via the website www.joyamada.com are subject to French law. In the event of a dispute, an amicable solution will be sought before any legal action is taken. Failing this, all disputes to which this contract may give rise, concerning its validity, interpretation, performance, termination, consequences and consequences, will be submitted to the competent court in accordance with the rules of jurisdiction of common law.

MODIFICATIONS TO THE GENERAL TERMS AND CONDITIONS OF SALE

You can consult the most recent version of the General Terms and Conditions of Sale at any time on this page.

We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms and Conditions of Sale by posting such updates and/or modifications on our website. It is your responsibility to check our website from time to time for changes. Your continued access or use of our website and the Service following the posting of changes to these Terms and Conditions will mean that you accept those changes.

CONTACT

Questions relating to the Terms and Conditions of Sale should be addressed to our Customer Service Department by email at hello@joyamada.com or via our online Chat, available Monday to Friday from 8:00 am to 7:00 pm.

PROVISIONS RELATING TO LEGAL GUARANTEES

For further details, please refer to the legal information available on the government website: https://www.service-public.fr/particuliers/vosdroits/F10037

Article L211-4 of the French Consumer Code

The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was his responsibility under the contract or was carried out under his responsibility.

Article L211-5 of the French Consumer Code

To comply with the contract, the goods must :

- be fit for the purpose normally expected of similar goods and, where applicable :

- correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model

- have the qualities that a buyer may legitimately expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labelling

- have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.

Article L211-12 of the French Consumer Code

Any action arising from a lack of conformity must be brought within one year of delivery of the goods.

Article L211-16 of the French Consumer Code

When the buyer asks the seller, during the term of the commercial guarantee granted to him at the time of the purchase or repair of a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days shall be added to the duration of the guarantee which remained to run. This period runs from the date of the purchaser's request for service or from the date on which the goods in question are made available for repair, if the goods are made available after the request for service.

Article 1641 of the French Civil Code

The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair this use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, had he been aware of them.