TERMS OF SALE

The customers expressly acknowledge that they have read these General Terms of Sale and have accepted them without reservation before placing any purchase. Any purchase made in stores or on the www.jonniii.comwebsite implies the customer’s unreserved acceptance of these General Terms of Sale and the General Terms of Use.

ARTICLE 1. DEFINITIONS

For the purpose of these terms of sale, words, terms, and expressions hereafter shall have the meanings set forth below, unless defined elsewhere in these terms of sale.

• Agreement: shall mean: (i) the summary of the Order sent by the Company to the Customer after validation of the Order, the details of which also appear on the User Account, or the receipt issued or sent by the Company to the Customer following a Purchase at one of the stores; and (ii) these TOS.
• Company: shall mean The House of Jonni Inc., a corporation duly organized under the laws of [Country], with its registered office located at [Company Address].
• Customer: shall mean any User, end-consumer natural person or non-professional legal entity, excluding any reseller or intermediary acting on behalf of a reseller, who proceeds with a Purchase.
• TOS: refers to the provisions set forth herein which detail the rights and obligations of the Company and the Customer in connection with the purchase of Products.
• TOU: refers to the provisions of the general terms of use of this Site accessible on the Site and accepted without reservation by any User who wishes to proceed with a Purchase.
• Guest Account: shall mean the temporary account reserved for the User who does not wish to create a User Account and which is created only to place one single Order at a time.
• Login Identification: shall mean a confidential identifier and password allowing access to the User Account and to certain content on the Site.
• Order: shall mean any request by a Customer to purchase one or more Products on the Site, subject to validation by the Company.
• Products: shall mean any product offered for Purchase by the Company on the Site and/or in the store(s).
• Purchase: shall mean the transfer of ownership of one or more Products from the Company to the Customer, following the placing of an Order on the Site validated by the Company or a purchase at one of the stores, and in accordance with the provisions of these TOS.
• Site: shall mean the www.houseofjonni.com website from which the Company offers its Products for Purchase to the Customer.
• User: shall mean any user of the Site.
• User Account: shall mean a space reserved for the registered Users, accessible after registration on the Site via a Login Identification or through an already existing account with a third-party partner or provider, allowing them to access certain content on the Site or place an Order.

ARTICLE 2. PURPOSE AND SCOPE

The TOS apply to any Purchase of Products with the Company on the Site and/or in stores, subject to the provisions provided herein. The TOS are written in English in their original version and shall prevail over any other version. The TOS shall prevail over, and exclude, any documents or correspondence from the Customers, including their general terms and conditions of purchase and the stipulations mentioned on their own order forms. These TOS supersede any other agreement and understanding, whether prior or concurrent, between the Company and the Customer regarding the Purchase of the Products. The Company may update these TOS at any time. The TOS in force at the time of the conclusion of the Agreement are those that are binding upon the Customer.

ARTICLE 3. FEATURES OF THE PRODUCTS

The Products sold by the Company on the Site and/or in stores are fashion, art, and digital products, the characteristics of which are described on the Site and/or can be provided by the sales staff at the stores upon the Customer’s request, and subject to availability. While every effort is made to ensure that the color and design of the Products, the photos of which are displayed on the Site, are faithful to the original Products, they may vary, in particular due to the technical limitations of color rendering on the Customer’s computer hardware. Consequently, the Company shall not be held responsible or legally liable for any non-substantial errors or inaccuracies in the photographs or graphical representations of the Products appearing on the Site.

ARTICLE 4. ONLINE ORDERS

The provisions below shall exclusively apply to Orders placed on the Site.

4.1 Online Ordering Process
All Orders placed on the Site are done so through the use of a User Account or a Guest Account. The Customer has the option to purchase one or more Products. The Order process is as follows:

1. Acceptance of the TOU of the Site: The TOU are deemed accepted by any Users who wish to consult and continue to browse the Site, and who thus represent and affirm that they have read and approved the same to that effect. The TOU must be accepted at each new connection to the Site (including through a new device or another browser) prior to accessing its contents, viewing the Products, and proceeding with an Order.
2. Product Selection: The Customers must select the Product they wish to order.
3. Adding the Product(s) to the User’s Shopping Cart.
4. Checking the Content of the Customer’s Selection: The Customers check the content of their shopping cart while keeping the possibility to delete the Products they have selected.
5. Logging in to the User Account or Creating a Guest Account: The Customers who wish to proceed without logging in or creating a User Account must then fill in the identification form made available to them and provide the requested information (mandatory information: surname, first name or company name, address, email, password, telephone number for delivery) in order to place an Order through a Guest Account.
6. Verification of the Customer’s Order: The Customers shall check the summary of their Order, which shall include a description of the Product(s), the price per Product excluding and including VAT and the total price excluding and including VAT, as well as the Customer’s contact details, and the delivery method. The Customers are responsible for making sure that the information is correct and consistent with their request. The Customers shall have the option to modify their Order or their information.
7. Choice of Payment Method: The Customer shall choose the payment method for his/her Order in accordance with Article 4.4 of these TOS.
8. Acceptance of the TOS: By checking the corresponding box. The TOS must be accepted for each Order. Once this step has been completed, the Customer may no longer modify and/or cancel the Order.
9. Order Validation: The Customer shall receive an email acknowledging receipt of the Order and summarizing the contents of the Order, i.e., the Customer’s shipping and billing addresses, the Order number, the date of the Order, the list of Products ordered and their amounts, the shipping method, and the payment method.
10. Processing of the Order by the Company and Verification of the Availability of the Products Ordered.
11. Confirmation of the Order: Receipt of an email confirming the Order. The Agreement is deemed concluded on the date this email is sent.
12. Order Tracking: The Customer shall receive information by email concerning the various stages of the Order processing and preparation steps up to the time of shipment. A carrier tracking number is provided to the Customer when the Order is approved. If the Customers wish to obtain information concerning the tracking of their order, they can log on to the website of the carrier chosen by the Company and follow the progress of their parcel.

4.2 Availability of the Products
The Products displayed on the Site are available while stocks last. Consequently, and unless a definitive Order is confirmed by the Company, the latter shall in no way guarantee that the Products will remain available for Purchase during a given period, or at their then displayed price. Errors or changes may exceptionally occur, in particular in the case of simultaneous Orders for the same Product by multiple Customers. In the event that a Product is unavailable after an Order has been placed, the Company shall inform the Customer by email or telephone as soon as possible, shall proceed with the Customer’s reimbursement of the Order and shall suggest the Customer choose another Product displayed on the Site as a replacement. The Company reserves the right to change at any time and without prior notice the Products offered on the Site. In order to ensure a better quality of service and availability of its Products to all of its Customers, the Company reserves the right to limit the quantity of Products that can be purchased by a single Customer, in accordance with the applicable provisions in this regard and in particular those of the [Applicable Law]. The Company reserves the right not to accept an Order from a Customer with whom it is in dispute over a previous Order, or if the Company reasonably believes that such Customer has infringed these TOS or engaged in fraudulent activity, or for any other legitimate reason. The Customer can request to be put on a waitlist to be informed when an unavailable Product is back in stock. The Customers must provide their contact details (title, first name, last name, email address) and consent to receive an automated confirmation email informing them of the availability of the Product. The Customers may then, should they wish to proceed, order the Product in accordance with the provisions of Article 4.1 above.

4.3 Price and Payment Methods
The prices of the Products are indicated on the Site in [Currency], inclusive of all taxes (unless otherwise specified). The Company reserves the right to modify the prices of the Products at any time, but the Products will be invoiced based on the prices in force at the time the Order is validated by the Customer. The Customer may pay for their Order using the

following payment methods: credit card, debit card, PayPal, and any other payment methods that may be available on the Site. Payment is due at the time of the Order.

• Credit/Debit Card: The Customer must provide their card details, which will be securely processed.
• PayPal: The Customer can use their PayPal account to pay for their Order.

The Company uses secure payment systems to ensure the confidentiality and security of the payment details. In the event of payment issues, the Company reserves the right to cancel the Order.

ARTICLE 5. DELIVERY

5.1 Delivery Methods The Company offers various delivery methods, the details of which are specified during the Order process. The delivery methods may include standard shipping, express shipping, and in-store pickup. The available methods and associated costs will depend on the Customer’s location and the Products ordered.

5.2 Delivery Times The delivery times are estimates and commence from the date of shipping. The Company will make every effort to ensure that the Order is delivered within the estimated delivery time. However, the Company cannot be held liable for delays in delivery caused by external factors (e.g., customs delays, transport strikes).

5.3 Delivery Issues The Customer must check the condition of the packaging and the Products upon delivery. If the package is damaged, the Customer should refuse delivery and immediately inform the Company. In the event of any delivery issues (e.g., missing items, incorrect items), the Customer must inform the Company within [number of days] days of receipt.

ARTICLE 6. RETURNS AND REFUNDS

6.1 Right of Withdrawal The Customer has the right to withdraw from the Agreement within [number of days] days without giving any reason. The withdrawal period will expire [number of days] days from the day the Customer receives the Products.

To exercise the right of withdrawal, the Customer must inform the Company of their decision to withdraw by an unequivocal statement (e.g., a letter sent by post, fax, or email). The Customer may use the model withdrawal form provided by the Company but is not obliged to do so.

6.2 Effects of Withdrawal If the Customer withdraws from the Agreement, the Company shall reimburse all payments received from the Customer, including the costs of delivery (except for the supplementary costs arising if the Customer chose a type of delivery other than the least expensive type of standard delivery offered by the Company), without undue delay and in any event not later than [number of days] days from the day on which the Company is informed about the Customer’s decision to withdraw.

The Company will carry out such reimbursement using the same means of payment as the Customer used for the initial transaction unless the Customer has expressly agreed otherwise. In any event, the Customer will not incur any fees as a result of such reimbursement.

The Customer shall send back the Products or hand them over to the Company without undue delay and in any event not later than [number of days] days from the day on which the Customer communicates their withdrawal from the Agreement. The deadline is met if the Customer sends back the Products before the period of [number of days] days has expired. The Customer will bear the cost of returning the Products.

ARTICLE 7. WARRANTIES AND LIABILITY

7.1 Legal Warranty The Products sold by the Company benefit from the legal warranty of conformity and the warranty against hidden defects, in accordance with applicable laws.

7.2 Exclusions The warranty does not cover damage resulting from misuse, neglect, or alteration of the Products by the Customer.

7.3 Limitation of Liability To the fullest extent permitted by applicable law, the Company shall not be liable for any indirect, incidental, or consequential damages, including but not limited to loss of profits, data, or business opportunities, arising out of or related to the use or inability to use the Products.

ARTICLE 8. PERSONAL DATA

The Customer’s personal data is processed in accordance with the Company’s Privacy Policy, which is accessible on the Site. By placing an Order, the Customer consents to the collection, use, and processing of their personal data as described in the Privacy Policy.

ARTICLE 9. INTELLECTUAL PROPERTY

All intellectual property rights related to the Products, the Site, and its content (including but not limited to trademarks, logos, graphics, photographs, and text) are the exclusive property of the Company or its licensors. Any unauthorized use of these rights is strictly prohibited.

ARTICLE 10. FORCE MAJEURE

The Company shall not be liable for any delay or failure to perform its obligations under these TOS if such delay or failure results from events, circumstances, or causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, strikes, or other industrial disputes, pandemics, natural disasters, and interruptions in the supply of utilities.

ARTICLE 11. APPLICABLE LAW AND JURISDICTION

These TOS and any disputes arising out of or in connection with them shall be governed by and construed in accordance with the laws of [Country]. Any disputes arising from or related to these TOS shall be subject to the exclusive jurisdiction of the courts of [Jurisdiction].

ARTICLE 12. CUSTOMER SERVICE

For any questions or complaints, the Customer may contact the Company’s customer service department at the following address: House of Jonni Inc. Email: [email protected]