Conditions of use

Conditions of use

Article 1 – Scope of application

1. The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods and services offered by Joseph Onier Project, hereinafter referred to as the seller, to the buyer on the website www.josephonierproject.com. These conditions only apply to purchases made by buyers located in France and delivered exclusively within metropolitan France (including French overseas departments, Corsica and Monaco). For deliveries outside France, please send an e-mail to the following address: contact@josephonierproject.com

3. These general terms and conditions form an integral part of the contract offer made by the seller on the www.josephonierproject.com website.

4. The purchaser is deemed to accept these conditions without reservation to the exclusion of all other conditions, in particular the purchaser’s general conditions of purchase, if any.

5. The seller reserves the right to modify its terms and conditions from time to time. They will apply as soon as they are published online.

Article 2 – Conclusion of the contract

1. The offer presented by the seller on the www.josephonierproject.com website must mention the name of the seller, the telephone number by which he can be contacted, the address of his registered office and of the establishment responsible for the offer, if different, the amount of the delivery charges, the terms of payment, delivery or performance and the existence of a right of withdrawal for the benefit of the buyer who is a consumer.

2. The buyer places an order online at www.josephonierproject.com.

Sending an order constitutes a definitive contract offer.

The buyer chooses the delivery address and method, and validates the payment method. The chosen payment method is validated by continuing the order process without having to give the credit card number.

The buyer then validates the transaction, knowing that the final validation of the order constitutes an electronic signature which, between the parties, has the same value as a handwritten signature under the law.

no. 2000-230 of March 13, 2000, and consequently all sums due under the purchase order become payable.

Validation of the order also implies unreserved acceptance of these general terms and conditions of sale and of the prices mentioned.

It also implies acceptance of the prices, volumes and quantities ordered.

Any modification by the buyer of an order previously validated by the seller constitutes a new order.

3. Once the order has been placed, the purchaser receives a non-binding confirmation with an overview of the order placed. On receipt of the buyer’s print data, the seller sends a project confirmation e-mail; sending this project confirmation constitutes acceptance of the buyer’s request.

4. An order placed on behalf of a third party is deemed to have been concluded by the party placing the order, unless expressly stated otherwise.

5. In certain cases, notably non-payment, disputes relating to the payment of a previous order, incorrect address or other problems with the buyer’s account, the seller reserves the right to block the buyer’s order until the problem has been resolved.

For any question relating to the follow-up of an order, the buyer can call the number mentioned in article 21.

6. Joseph Onier Project reserves the right to refuse orders, or to terminate contracts already concluded, in exceptional cases and without delay, should the print data received contain elements of a pornographic, fascist or radical nature.

Article 3 – Right of withdrawal and exclusion of withdrawal in consumer contracts

Right of withdrawal in the case of goods that have not been made to the consumer’s specifications and that are delivered all at once

Withdrawal information

You have the right to cancel your contract within fourteen days without giving any reason. The 14-day period begins on the day on which you or a third party designated by you, other than the carrier, have received the goods.

In order to exercise your right of withdrawal, please send a clear statement by post, fax or e-mail stating your decision to cancel the contract.

– Consequences of withdrawal

Consequences of the withdrawal procedure: in the event of withdrawal, we will reimburse you directly for all sums paid by you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery method offered by us) within 14 days of the date on which you notify us of your decision to withdraw from this contract. This refund will be made exclusively by bank transfer; no compensation will be claimed for this refund. We may defer reimbursement until recovery of the goods, or until receipt of proof of shipment of the goods, whichever comes first. You have a period of fourteen days following communication of your withdrawal to return or send us the goods.

The deadline is guaranteed if you return the goods to us before the end of the 14-day period. We bear the cost of returning the goods. You are only liable for the depreciation of goods resulting from handling other than that necessary to ensure the nature and proper functioning of the goods. You are only liable for any loss of value resulting from handling other than that necessary to ensure the nature and proper functioning of the goods.

Special note:

Your right of withdrawal will lapse prematurely if, at your express request, the contracted services have commenced before the prescribed withdrawal period.

End of withdrawal information

– Right of withdrawal in the case of deliveries of several goods which have not been made to the consumer’s specifications and which are delivered in several instalments.

End of withdrawal information

– Exclusion of the right of withdrawal for goods made to the consumer’s specifications

The right of withdrawal does not apply to the following contracts:

contracts for the supply of goods made to the consumer’s specifications or clearly personalized;

contracts for the supply of goods likely to deteriorate or expire rapidly;

contracts for the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection; contracts for the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery

If the printed products are made to the consumer’s specifications via the www.josephonierproject.com website, no legal right of withdrawal applies. A contractual right of withdrawal will not be granted.

Article 4 – Communication, notifications

1. The purchaser is obliged to provide, at the latest at the time of the order, an electronic mail address (e-mail), the technical reliability of which he guarantees, to enable the exchange of correspondence with the seller and, in the first instance, the sending by the latter of the order confirmation.

2. The buyer guarantees receipt of e-mails sent by the seller to his address, which are deemed to have been received on the date they were sent.

Article 5 – Prices

1. The seller undertakes to apply the prices in force at the time the order is placed, provided that the order data retained at the time the offer was submitted remain unchanged and that the printable data (number of pages, resolution, font, format, etc.) are transmitted no later than one week after receipt of the order.

2. Prices are quoted in euros. Prices include VAT applicable on the date of the order, and any change in the applicable rate of VAT will be automatically reflected in the price of the products in the online store. Full payment must be made at the time of ordering. At no time may the sums paid be considered as deposits or advance payments.

3. If one or more taxes or contributions, notably environmental, are created or modified, either upwards or downwards, this change may be reflected in the selling price of the products.

4. Any modification of an order by the purchaser will be invoiced in addition; if the modification leads to a machine stoppage concerning the execution of the initial order, this will also be invoiced in addition.

Similarly, in the event of cancellation of an order at the buyer’s request, production costs already incurred by the seller will be invoiced to the buyer.

Printing orders or similar preparations made at the buyer’s request will be invoiced in addition.

Article 6 – Payment

1. Payment must be made at the latest on receipt of the order confirmation. To pay for an order, the buyer may choose from all the payment methods made available by the seller on the www.josephonierproject.com website. Payment by cheque is not accepted unless otherwise authorized. Cheques received without an order form and without our agreement are destroyed on receipt; cheques are not returned to customers. The buyer guarantees the seller that he has the necessary authorizations to use the method of payment chosen by him when validating the order form. The seller reserves the right to suspend all order processing and deliveries in the event of refusal to authorize payment by credit card by officially accredited organizations or in the event of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honour an order from a buyer who has not paid in full or in part for a previous order, or with whom a payment dispute is in progress.

2. The seller has implemented an order verification procedure designed to ensure that no person uses another person’s bank details without their knowledge.

As part of this verification, the buyer may be asked to fax the seller a copy of an identity document and proof of address. The order will only be validated once the seller has received and checked the documents sent.

3. The seller issues an invoice for the order when the goods are dispatched.

If the order is for several separate items in a shopping basket, the seller will issue a separate invoice for each item in the order.

In the event of cancellation of an order by the purchaser after order confirmation, the seller will issue an invoice for the date of cancellation.

4. Any payment after the agreed payment date will automatically generate contractual default interest for the benefit of the seller from the day following the payment date shown on the invoice or, failing this, the thirty-first day following the date of receipt of the goods or performance of the service. The rate applied will be the legal rate plus 5 points if the buyer is a consumer and 8 points in other cases.

5. In the event of a payment incident attributable to the buyer, the costs incurred by the seller will be re-invoiced to the buyer.

6. The purchaser may never, on the grounds of a claim made by him, withhold all or part of the sums due by him, nor operate a compensation. In the event of late payment by the purchaser, the seller may, for this reason alone and without the need for prior formal notice, immediately suspend deliveries, without the purchaser being entitled to claim damages from the seller.

Article 7 – Delivery

1. Delivery is only made after confirmation of payment by the seller’s bank. Delivery is made carriage paid to the purchaser’s home during normal office hours, up to the first lockable door if access is on the first floor, and failing this, in front of the home corresponding to the delivery address. If the purchaser is absent on the day of delivery, the deliveryman will leave a notice in the letterbox allowing the purchaser to collect the parcel at the place and within the time indicated. Failing this, another delivery attempt will be made at an additional cost.

2. Unless expressly agreed otherwise, the seller is free to choose the appropriate mode of transport.

Unless he is a consumer, the buyer bears the transport risks from the moment the goods are handed over to the carrier.

In the event of partial delivery attributable to the seller, any additional costs incurred in order to achieve full delivery will be borne by the seller; conversely, if partial delivery is attributable to the buyer, such additional costs will be borne by the buyer.

3. The delivery times indicated by Joseph Onier Project in the context of an order include both production and shipping times.

In the case of payment by bank transfer, the stated delivery period begins with notification of the credit to the seller’s account, in the case of online payment with a promise of payment, and always begins with receipt of the printable print data or with online authorization of the print run after execution of the special “ready for press” service against surcharge.

If the preconditions for receipt of payment and data are met before 6 p.m., the delivery period begins on the day of receipt, provided this is a working day. Otherwise, delivery will begin on the next working day following receipt. It is counted in working days, from Monday to Friday.

4. No deliveries are made to parcel machines, post boxes, service points or DHL agencies. Products are delivered to the address indicated by the purchaser on the order form, and the purchaser must ensure that this address is correct. Any parcel returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer’s expense. The purchaser must indicate any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged parcel, deteriorated product, etc.) on the delivery note in the form of handwritten reservations accompanied by his/her signature.

5. This verification is considered to have been carried out once the purchaser, or a person authorized by him, has signed the delivery note.

6. If products need to be returned to the seller, they must be the subject of a return request to the seller within 7 days of delivery. Any claim made after this deadline will not be accepted. Product returns will only be accepted for products in their original condition (packaging, accessories, instructions, etc.).

Article 8 – Reservation of ownership

1. In application of Law n° 80-335 of May 12, 1980, the goods delivered remain the property of the seller until full payment of the price.

2. Default of payment entitles the seller to reclaim the goods from the buyer. In this case, the risks (loss, theft, total or partial destruction, etc.) from delivery until the goods are returned to the seller shall be borne by the buyer.

In the event of non-payment by the purchaser, the seller may also reclaim any identical goods held in stock by the purchaser, without the need to set off payments against a specific sale or delivery.

Furthermore, in the event of resale of the goods by the purchaser to a third party prior to payment by the seller, the purchaser acknowledges that the seller is subrogated to his rights with the third party concerning payment of the price up to the amount of his claim in principal, interest and costs.

Article 9 – Complaints

1. The purchaser must notify the seller within 14 days of delivery of any claim relating to a delivery error and/or non-conformity of the goods delivered in kind or in quality in relation to the information given on the order form. Any claim made after this deadline will be rejected.

2. The complaint must be addressed by the purchaser to our customer service department either by e-mail, telephone or post.

3. Any complaint concerning the printing data and in particular the CMYK color mode, resolution, fonts, formats, etc. is not admissible if the execution conforms to the printing data transmitted by the purchaser.

Color deviations that are minimal in relation to the print data do not constitute a defect. The same applies, in particular, to minor color alterations between one order and another, between one page and another within the same order, or in relation to an older order placed with Joseph Onier Project. The same applies to differences between specimens (e.g. on-screen display, ready for press, etc.) and the finished product. Definite paper orientation is not guaranteed. There may be unavoidable minor cutting and bending tolerances related to the production process and machine operation which do not justify a claim.

Information on printing methods is not binding. A particular printing method is not guaranteed and therefore does not constitute grounds for complaint.

The seller shall not be liable if defects in the goods delivered do not impair, or impair only to an insignificant degree, the value and/or use of the goods delivered.

In the case of partial deliveries, defects in part of the goods delivered do not affect the entire delivery.

4. Except where the purchaser is a consumer, a number of copies delivered lower or higher than the print run ordered cannot be the subject of a complaint if the difference is less than 10%. This also applies if the delivery distribution option has been selected. For orders on special paper weighing less than 1,000 kg, the authorized difference will be 20%, and 15% in other cases.

5. Printing copies are not included in the number of copies. A print copy will be sent for orders of up to 10 copies. Three copies will be sent for orders of more than 10 copies.

6. In the event of a justified complaint, the seller shall, at its option, either make a correction if this is technically possible, or replace the goods within a reasonable period of time; failing this, the purchaser may request either a price reduction or cancellation of the order.

Any return of goods requires the prior agreement of the seller; the return costs will be borne by the seller; the buyer will then have 5 clear days to return the goods in their original packaging, by Colissimo Recommandé.

7. If the seller does not agree to the return of the goods, the risks associated with the goods shall be borne by the purchaser.

Article 10 – Product warranty, liability and compensation

1. The seller guarantees the buyer against hidden defects in the item sold for a period of two years from the date of discovery of the defect, in accordance with the conditions laid down by law.

2. The seller is fully liable to the consumer for the proper performance of the obligations arising from the contract, whether these obligations are to be performed by the seller himself or by other service providers, without prejudice to his right of recourse against the latter.

However, he may be exempted from all or part of his liability by proving that the non-performance or improper performance of the contract is attributable either to the consumer, or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure.

3. The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general terms and conditions shall not be interpreted for the future as a waiver of the obligation in question.

4. Only the direct loss affecting the delivered products which are the subject of the order may be compensated: on the contrary, all other consequential losses are not compensable, in particular, any financial loss, loss of profit, commercial loss, loss of brand image, loss of reputation, etc., and more generally, any indirect loss linked to the execution of the order.

Article 11 – Enforcement / Termination

1. In the event of non-fulfilment of any of its obligations by either the buyer or the seller, the party to whom the commitment has not been fulfilled may, at its option, either force the other party to fulfil its obligations or request termination of the sale with damages.

2. Should the purchaser fail to comply with any of his obligations, the seller may, if he sees fit, 48 hours after sending a formal notice which has remained without effect, request the cancellation of the sale and the return of the goods delivered, without prejudice to any damages which the seller may claim from the purchaser. In this case, the seller is entitled to claim a flat-rate indemnity of 10% of the sale price.

3. Before sending an order confirmation, Joseph Onier Project has the right to cancel the order of a customer who has not sent usable print data within four weeks.

4. The customer must also pay compensation if he cancels or withdraws from the contract in accordance with the conditions after the free cancellation period has expired. Free cancellation of an order by the customer is only possible up to the point at which an order confirmation is sent by e-mail (conclusion of contract).

5. Until printing is authorized, the compensation regulation of 2% of the agreed order sum applies, with a minimum of €10 (plus VAT).

6. Once printing has been authorized, the current production process is irreversible, and the service must be compensated at 97% of the order sum, plus services already performed, such as “detailed data verification” and/or press proofs. The Sponsor shall be entitled to prove that All’in Solutions Inc. has not covered any additional costs or suffered any damage, or not in this case. Similarly, the agent will be allowed to demonstrate, in this specific case, that higher compensation would be appropriate.

7. By sending a definitive cancellation of the contract, the customer authorizes the disposal of the goods in the course of production. There is no additional charge for disposal. All’in Solutions Inc. is therefore not obliged to deliver the goods after cancellation / denunciation.

8. Cancellation charges are visible in the customer area.

Article 14 – Limitation period

1. Claims by professionals in respect of goods and services supplied to consumers shall be time-barred after two years.

2. Actions between professionals are time-barred after five years.

Article 15 – Commercial uses

The execution of the order placed by the purchaser will be subject to the present general terms and conditions and, in the event of their silence, to the practices of the printing industry, unless expressly stipulated otherwise.

Article 16 – Archiving

1. Computerized registers, kept in the seller’s computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. Purchase orders and invoices are archived on a reliable and durable medium that can be produced as proof.

2. The seller does not archive the buyer’s data and data carriers unless expressly agreed by the parties and in return for remuneration by the seller.

The purchaser undertakes to use anti-virus software when transmitting print data and to bear the risks associated with the data and data carriers transmitted to the seller.

It is the buyer’s responsibility to ensure that this is the case.

Article 17 – Intellectual property

1. All elements of the www.josephonierproject.com website, whether visual or audio, texts, layouts, illustrations, photographs, documents and other elements, including the underlying technology, are protected by copyright, trademarks and patents. They are the exclusive property of the seller. Any copy, adaptation, translation, representation or modification of all or part of the site is strictly forbidden without the prior written consent of the vendor. Any reproduction, even partial, of the elements of the www.josephonierproject.com website without the written consent of the seller is prohibited, in accordance with law no. 57-298 of March 11, 1957 on literary and artistic property, modified by law no. 2009-669 of June 12, 2009 – art. 21 of the French Intellectual Property Code.

2. The purchaser is liable for any infringement of copyright and, more generally, of any intellectual property rights of a third party in connection with the execution of the order.

The buyer hereby releases the seller from any liability in the event of a claim by a third party in this respect, and undertakes in any event to indemnify the seller in such an event.

Article 18 – Applicable law

These terms and conditions are governed by French law, to the exclusion of the provisions of the Vienna Convention.

Article 19 – Safeguard clause

If one or more stipulations of these terms and conditions are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain their full force and scope.

Article 20 – Competent court

1. In the event of a dispute or claim, the buyer should first contact the seller to obtain an amicable solution.

2. In the event of sale to a consumer: Failing this, the purchaser may institute proceedings, at his option, before the materially competent court of the place of delivery or the place where the seller resides; the Commercial Court of Fort-de-France.

3. In the event of sale to a professional: Failing this, the purchaser may institute proceedings before the Commercial Court of Fort-de-France.

Article 21 – Seller information

The www.josephonierproject.com website is operated by Société Joseph Onier Project.

The contact details are as follows:

E-mail: contact@josephonierproject.com

Website: www.josephonierproject.com

Address:

Legal representative: Mr Thierry Fred FRANCOIS

Registered with the Commercial Court: Fort-de-France

SIRET : 850 669 888 00015

Last update : February 2024