Terms and conditions

ARTICLE 1 – General Provisions

1-1 – Scope of Application

These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by Joy Studio, a société anonyme with a share capital of €2,000.00, with its registered office at 13 rue pelée – 75011 Paris, registered with the Paris Trade and Companies Register under number 883 042 715, and whose VAT number is FR54 883042715 (hereinafter "JOY STUDIO"), with final consumers wishing to purchase products sold on the website joystudio.fr exclusively for their personal needs and with no direct or indirect connection to any commercial, intermediary, or resale activity (hereinafter "the Customer").

The Customer acknowledges that they are acting as a consumer and that they do not intend to resell JOY STUDIO items for commercial purposes.

The Customer also certifies that they have the legal capacity to enter into the commitments set out in these terms and conditions, and in particular that they are fifteen years of age or older.

These general terms and conditions of online sale specify in particular the conditions for ordering, payment, delivery, and handling of any returns of Products ordered by Customers.

1-2 – Acceptance of the General Terms and Conditions of Sale

These General Terms and Conditions of Sale apply to the exclusion of all other conditions, including in particular those applicable to other distribution and sales channels.

These General Terms and Conditions of Sale are accessible at any time on the website joystudio.fr and shall prevail, where applicable, over any other version or any other conflicting document.

The Customer declares that they have read these General Terms and Conditions of Sale and accepted them prior to finalizing their order. Validation of the order by the Customer constitutes acceptance without restriction or reservation of these general terms and conditions of sale.

These General Terms and Conditions of Sale may be subject to subsequent modifications; the version applicable to the Customer's purchase is the one in force on the website at the date the order is placed. Modifications to these General Terms and Conditions of Sale are binding on users of the website joystudio.fr from the date they are published online and cannot apply to transactions concluded prior to that date.

Unless proven otherwise, the data recorded in JOY STUDIO's computer system constitutes proof of all transactions concluded with the Customer.

In accordance with the French Data Protection Act of January 6, 1978, as strengthened and supplemented by the GDPR (General Data Protection Regulation) which came into force on May 25, 2018, the Customer has, at any time, the right to access, rectify, object to, erase, and port all of their personal data by writing, by post and with proof of identity, to:

JOY STUDIO

Data Protection Officer

13 rue pelée – 75011 Paris

Email: contact@joystudio.fr

The Customer acknowledges having the required capacity to contract and purchase the items offered on the JOY STUDIO website.

In the event of an order to a country other than metropolitan France, the Customer is the importer of the item or items concerned.

ARTICLE 2 – Information regarding JOY STUDIO items presented or offered for sale on the website

The items offered for sale on the website joystudio.fr are women's sportswear.

The main characteristics of the items, including specifications, illustrations and indications of dimensions or materials, are presented on the website joystudio.fr.

The Customer is required to review this information before placing any order.

The selection and purchase of a Product is the sole responsibility of the Customer.

The photographs, graphics and descriptions presented on the website joystudio.fr are for informational purposes only and are not contractually binding: all efforts are made by JOY STUDIO to ensure that the colors, patterns and materials of the items online are faithfully reproduced in the photos and videos. However, variations may occur, particularly due to the technical limitations of color rendering. Such non-substantial errors or inaccuracies shall not incur the liability of JOY STUDIO.

The Customer is required to refer to the description of each Product in order to be aware of its essential properties and characteristics. The Customer also has the option of obtaining additional information by contacting JOY STUDIO customer service (email: contact@joystudio.fr ) to ask any questions.

Item offers are subject to available stock levels, as specified at the time of placing the order.

ARTICLE 3 - Orders

Offers are valid as long as they are visible on the site and within the limits of available stock. JOY STUDIO may modify the items listed on its site without prior notice or information. These modifications have no effect on orders already placed.

The Customer is informed while browsing the joystudio.fr site and while building their cart of the availability of items online. However, should an ordered item no longer be available, JOY STUDIO will inform the Customer by all means and as soon as possible. Such unavailability of an item on its website shall not engage the liability of JOY STUDIO.

It is the Customer's responsibility to select on the joystudio.fr website the Products they wish to order, according to the following procedures:

3-1 – Selection of Items by the Customer

The Customer, while browsing the joystudio.fr website, selects the references and quantities of items they wish to purchase by clicking "Add to cart". The Customer may then choose to continue shopping or to order the selected item(s) by clicking "Order".

Once the Customer has completed their selection, they may choose to modify their order (removing or adding an item, modifying quantities and sizes). Once the contents of their cart are final, the Customer may click "Confirm my order" to initiate the order placement procedure.

3-2 – Identification

In order to proceed with their order, the Customer is asked to identify themselves by entering their email address, unless they chose to identify themselves before filling their cart.

If the Customer already holds a customer account, they will simply need to identify themselves using their email and password.

If the Customer does not yet hold a customer account, they will need to create a customer account in order to allow the processing of their order.

Login to the customer account is done through the use of a password and an identifier that are determined by the Customer and are personal to them. The Customer agrees to keep this information strictly confidential and to never disclose it to third parties. The Customer also agrees to immediately notify JOY STUDIO of any loss or theft of this information as well as, more generally, of any fraudulent use of their customer account.

3-3 – Order Validation by the Customer

In order to allow the effective processing of your order, the Customer must choose a delivery method from those offered and enter a delivery address located on French territory.

The Customer must also enter a billing address. If this address is identical to the delivery address, they will simply need to check a box to that effect.

At each step, a summary of the order is presented to the Customer to allow them to verify the accuracy of their order (including items, prices, colors and sizes) and to immediately report any errors.

Also, in order to definitively validate the order, the Customer must read and accept these general terms and conditions of sale as well as JOY STUDIO's Personal Data Processing Policy.

The Customer must then choose a payment method and enter the information necessary to set up the chosen payment method by following the instructions of the secure payment server.

3-4 – Formalization of a Sales Contract

The sale will only be considered final after the Customer has been sent, to the email address provided for the customer account, confirmation of the acceptance of the order by JOY STUDIO by electronic mail and after full payment has been collected. If the Customer does not receive any email from JOY STUDIO after placing an order, they are invited to contact customer service: email: contact@joystudio.fr.

Any order placed on the joystudio.fr website constitutes the formation of a distance contract between the Customer and JOY STUDIO. The Customer acknowledges, by accepting these general terms and conditions of sale, that electronic mail and automatic records used by the customer relations service or by the joystudio.fr website, in particular regarding the nature and date of the order, shall be binding in their relations with JOY STUDIO.

3-5 – Order Tracking

The Customer's order summary as well as the Customer's previous orders are available in the "Order History" section of the Customer's account.

The Customer will be able to track the progress of their order on the joystudio.fr website.

3-6 – The Right to Refuse Orders

JOY STUDIO reserves the right to cancel or refuse any order from a Customer with whom a dispute exists relating to the payment of a previous order.

JOY STUDIO does not intend to sell its items via the joystudio.fr website to professionals, but only to consumers or non-professionals, for their personal needs.

JOY STUDIO therefore reserves the right to refuse any abnormal order of the same item or items in large quantities that are not consistent with the pursuit of a non-commercial purpose.

Any modifications to the order by the Customer cannot be taken into account by JOY STUDIO. It is the Customer's responsibility to cancel the order, in accordance with article 8 of these general terms and conditions of sale, and to place a new order concurrently.

ARTICLE 4 - Pricing

Items are provided at the prices in effect listed on the joystudio.fr website at the time the order is registered by JOY STUDIO. Prices are expressed in Euros, excluding and including tax.

Prices take into account any discounts that may be granted by JOY STUDIO on its website.

These prices do not include processing, shipping, transport, and delivery fees, which are charged additionally under the conditions indicated on the joystudio.fr website and calculated prior to placing the order.

The payment requested from the Customer corresponds to the total amount of the purchase, including these fees.

An invoice is issued by the Seller and available in the Customer's personal account under the "Order History" section.

ARTICLE 5 - Payment Terms

The price is payable in full on the day the order is placed by the Customer, via secure payment, according to the following methods:

by credit card: Visa, MasterCard, other debit cards

by PayPal

Apple Pay

Payment data is exchanged in encrypted mode using the SSL protocol certified by a certification authority.

The transaction is then carried out by the Customer in accordance with banking security standards, and payment authentication is performed according to each bank's own procedure. It is expressly agreed between the Customer and JOY STUDIO that the Customer, by providing their banking details and credit card number, authorizes their bank to debit their account in order to settle the invoices transmitted by JOY STUDIO.

In the event of payment refusal by the Customer's bank, the order cannot be finalized and the sale cannot be completed.

ARTICLE 6 - Deliveries

Items ordered by the Customer from France, on the joystudio.fr website, will be delivered throughout the French metropolitan territory and overseas departments and territories (DOM-TOM).

Items ordered by the Customer from other countries on the joystudio.fr website will be delivered within the territory of the country where the order was placed.

The delivery timeframe will vary depending on the delivery method chosen by the Customer, and an estimated delivery time will be provided to them. This timeframe will include the order processing time as well as the shipping time to the address provided by the Customer when placing their order on the joystudio.fr website.

Unless there are special circumstances or one or more items are unavailable, ordered items will be delivered in a single shipment.

Ordered items will be delivered with proof of personal handover according to the choice made by the Customer at the time of placing the order.

JOY STUDIO undertakes to make its best efforts to deliver items ordered by the Customer within the estimated timeframes provided to the Customer. However, if the ordered items have not been delivered within 30 days following the order date, for any reason other than force majeure or the Customer's own actions, the sale may be cancelled at the written request of the Customer under the conditions set forth in articles L 216-2, L 216-3, and L241-4 of the Consumer Code. Any sums paid by the Customer will then be refunded no later than fourteen days following the date of cancellation of the contract, to the exclusion of any compensation or withholding.

The Customer is required to inspect the condition of delivered items. If an item is defective and non-conforming, the Customer must follow the procedure set out in article 8 of these general terms and conditions of sale to return, no later than 30 days following delivery, such items to JOY STUDIO and then obtain a refund for those items and the delivery costs.

After this period and in the absence of compliance with these formalities, the items will be deemed conforming and free from any apparent defect, and no claim can be validly accepted by JOY STUDIO, subject to the provisions of article 9 of these general terms and conditions of sale.

JOY STUDIO will refund or replace, as quickly as possible and at its own expense, delivered items whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions set forth in articles L 217-4 and following of the Consumer Code and those provided in these General Terms and Conditions of Sale (see warranties, in particular).

ARTICLE 7 – Transfer of Ownership - Transfer of Risk

The transfer of ownership of JOY STUDIO items to the Customer will only take place after full payment of the price by the latter, regardless of the delivery date of said items.

Regardless of the date of transfer of ownership of the items, the transfer of the risks of loss and deterioration relating thereto will only take place at the moment the Customer physically takes possession of the items. The items therefore travel at the risk and expense of JOY STUDIO.

ARTICLE 8 – CANCELLATIONS AND RETURNS

8.1 – Definition of the right of withdrawal:

The Customer has a right of withdrawal, within a period of 30 calendar days from receipt of the order, to cancel their order and return some or all of their items. The return of items is at the CUSTOMER's expense provided it is carried out in accordance with these general terms and conditions.

JOY STUDIO furthermore reserves the right to refuse a Customer's order in the event of a dispute with that Customer, until the dispute is resolved. The Customer will be informed of such a decision by email and will, where applicable, be refunded any sums already paid.

Finally, this right of withdrawal does not apply to certain items, including, but not limited to:

Products manufactured to your specifications or clearly personalised (alterations, custom requests, monogrammed items);

Products which, for reasons of hygiene or preservation, are sealed, once they have been unsealed;

Services, if we have begun providing them before the end of the 30-day withdrawal period.

8.2 – Notification of your decision to return or cancel an order:

The Customer has 30 calendar days to notify their right of withdrawal. The period begins on the date of receipt of the ordered product(s), with the date shown on the carrier's delivery receipt serving as proof.

To exercise their right of withdrawal, the Customer may:

Submit a return request for the product(s) directly through the returns procedure available at: http://retours.joystudio.fr/

Alternatively, send a letter unambiguously declaring their intention to withdraw. This letter must clearly specify information relating to the returned items (models, sizes, quantities), the date of receipt where applicable, their contact details (first name, last name, customer number, postal address and, where possible, email address and phone number), the order number, in accordance with the letter template provided below:

« To:

JOY STUDIO

13 Rue Pelée

75011, Paris


I, the undersigned [first name and last name], hereby wish to inform you of my intention to cancel my sales contract for the following items:

Order date:

Order number:

List of products:

Date of receipt of products:

Customer name:

Customer address:

Customer email:

Customer phone:

Date:

Customer signature (only when submitting this form on paper)

This letter and information must be sent: either by email to "contact@joystudio.fr", or by post to the following address: JOY STUDIO – customer service – 13 Rue Pelée – 75011 Paris

In the event of a return due to a defective or non-conforming item, the Customer is asked to specify to customer service the nature of the non-conformity or defect observed, so that JOY STUDIO may take it into account in order to improve the quality of its goods and services.

8.3 – Deadline for returning items:

To exercise their right of withdrawal, the Customer must return the item(s) within 30 calendar days from the date the return request is accepted.

8.4 – Return conditions:

Returns are provided free of charge by Joy Studio to the customer, provided they are made in accordance with the return procedure detailed in these general terms and conditions of sale.

The Customer must return items that are unused and undamaged, with their labels, accessories, parts, and all original branded packaging and protective materials, so that we can offer them for sale again. Where possible, the Customer must also return any unbranded packaging and protective materials that may be delivered with the items.

Items that are not returned, or returned incomplete, damaged, altered, stained, or in any other condition that would reasonably suggest they have been worn or used, will not be refunded. They may be returned as-is to the Customer upon request.

The Customer must send the product(s) to the following address, along with the return number, once the return procedure has been validated and accepted by JOY STUDIO via the form on the site retours.joystudio.fr:


JOY STUDIO

13 Rue Pelée

75011 Paris

8.5 – Effect of return: refund:

In the event of a return, the Customer will be refunded the full amount of their order. The refund will be issued within a maximum of 14 business days from receipt of the return by JOY STUDIO, or failing that, from the date the proof of shipment of the returned products is provided.

The refund will be made using the same payment method used by the Customer for the initial transaction, unless the Customer and JOY STUDIO expressly agree on a different method.

This refund will not incur any fees for the Customer. However, pursuant to Article L221-24 of the Consumer Code, any additional costs borne by the Customer due to the choice of a more expensive delivery method than that offered by JOY STUDIO will remain the Customer's responsibility and will not be refunded.

The refund is subject to receipt of the returned product(s).

8.6 – Liability:

The Customer's liability is only engaged with respect to the depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics, and proper functioning of the goods.

For the withdrawal period to be respected, it is sufficient for the Customer to send their communication regarding the exercise of the right of withdrawal and to return the product(s) concerned before the expiry of the 30-day withdrawal and return period.

8.7 – Exchange

Exchanges are possible through the procedure available on the website http://retours.joystudio.fr where you will be asked to specify the new product(s) desired in exchange for the product(s) you wish to exchange.

The return conditions for an exchange are the same as point "8.4 – Return conditions" of these Terms and Conditions.

ARTICLE 9 - Seller's Liability - Warranty

The items sold on the joystudio.fr website comply with the regulations in force in France and have performance levels compatible with the use normally expected of a similar product.

The items provided by Joy Studio benefit by right and without additional payment, independently of the right of withdrawal, in accordance with legal provisions, from a legal guarantee of conformity and a legal guarantee against hidden defects.

In order to exercise their rights, the Customer must notify Joy Studio in writing:

of the non-conformity of the items within 24 months of delivery

of the existence of hidden defects within a maximum period of 24 months from the discovery of the defect. The Customer must demonstrate and provide evidence that they meet the conditions required to benefit from the guarantee against hidden defects.

The customer must return or bring back to the store the defective items in the condition in which they were received, along with all components (accessories, packaging, instructions...).

The Customer may choose between repair or replacement of the ordered Product, provided that one of these options does not result in a manifestly disproportionate cost for Joy Studio. If this were the case, the Customer would then have the choice between returning the damaged item and receiving a full refund of the purchase price, or keeping the damaged item and receiving a partial refund of the price, unless the lack of conformity is non-significant or minor.

Shipping costs will be refunded based on the invoiced rate and return costs will be refunded upon presentation of supporting documents.

Reimbursement will be made by credit to the Customer's bank account or by bank cheque sent to the Customer.

Joy Studio's liability 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 Customer's responsibility to verify,

in the event of misuse, use for professional purposes, negligence or failure to maintain the product on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure.

The Seller's warranty is, in any event, limited to the replacement or refund of non-conforming Products or Products affected by a defect.

ARTICLE 10 - Data Protection and Privacy

Pursuant to law 78-17 of 6 January 1978 as amended by law no. 2018-493 of 20 June 2018, it is noted that the personal data requested from the Customer is necessary for processing their order and issuing invoices, in particular.

This data may be shared with any Joy Studio partners responsible for the fulfilment, processing, management and payment of orders.

The processing of information provided through the joystudio.fr website meets the legal requirements for personal data protection, with the information system used ensuring optimal protection of such data.

In accordance with applicable national and European regulations, the Customer has a permanent right of access, modification, rectification, objection, portability and restriction of processing with regard to information concerning them.

This right may be exercised under the conditions and in accordance with the procedures defined in our Joy Studio personal data protection policy. (Insert link)

ARTICLE 11 - Intellectual Property

The content of the joystudio.fr website is the property of JOY STUDIO and its partners and is protected by French and international laws relating to intellectual property.

Any direct or indirect, total or partial reproduction of this content is strictly prohibited and may constitute an act of infringement.

Furthermore, JOY STUDIO retains all intellectual property rights over the videos, logos, photographs, presentations, studies, drawings, models, prototypes, etc. presented on the site or created at the client's request for the purpose of providing the Services to the Client.

Any total or partial reproduction or exploitation is therefore prohibited, regardless of the reason or medium, of said studies, drawings, models and prototypes, etc., without the express, written and prior authorization of JOY STUDIO, which may make such authorization conditional upon financial consideration.

The creation of hypertext links to any page or element of the joystudio.fr website is also prohibited, as is any non-compliant use of the site, including any use with a commercial and professional purpose, whether direct or indirect.

ARTICLE 12 - Force Majeure

The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure within the meaning of Article 1218 of the Civil Code.

The Party noting the event must, as soon as possible, inform the other party of its inability to perform its obligation and provide justification thereof. The suspension of obligations shall under no circumstances give rise to liability for non-performance of the obligation in question, nor entail the payment of damages or late penalties.

It is expressly agreed that the parties may terminate this agreement by operation of law due to force majeure, without notice or formality, if the suspension of the performance of the contract due to such force majeure extends beyond a period of 20 days. In such case, the order would be cancelled and the Client refunded.

ARTICLE 13 - Applicable Law - Language

These General Terms and Conditions of Sale and the transactions arising therefrom are governed by and subject to French law.

These General Terms and Conditions of Sale are written in the French language. In the event that they are translated into one or more foreign languages, only the French text shall be authoritative in the event of a dispute.

ARTICLE 14 - Disputes

All disputes arising from purchase and sale transactions concluded under these general terms and conditions of sale, concerning their validity, interpretation, performance, termination, consequences and follow-up, which could not be resolved between the seller and the customer, shall be submitted to the competent courts under common law conditions.

The Customer is informed that they may, in any case, resort to conventional mediation, before any legal action, to seek an amicable solution with JOY STUDIO, by turning to the CMAP (Centre de médiation et d'Arbitrage de Paris), the consumer mediator to which JOY STUDIO is subject.

To submit a dispute to the Mediator, the Customer may complete the form on the CMAP website: www.cmap.fr, under the tab "vous êtes un consommateur" or send an email to the following address: consommation@cmap.fr. In order for the CMAP to process the Customer's request efficiently, the Customer must provide their contact details, the difficulties encountered, and the steps taken with JOY STUDIO to resolve them.

The Customer is free to accept or refuse recourse to Mediation and to accept or refuse the solution proposed by the Mediator. If the solution offered by the Mediator is refused, or if recourse to Mediation is refused, the Customer may refer the matter to the competent courts pursuant to the French Code of Civil Procedure and the French Consumer Code.

ARTICLE 15 - Pre-contractual Information - Customer Acceptance

The act of a natural person (or legal entity) placing an order on the joystudio.fr website constitutes full and unreserved acceptance of these General Terms and Conditions of Sale and an obligation to pay for the ordered Products, which is expressly acknowledged by the Customer, who waives, in particular, the right to rely on any contradictory document that would be unenforceable against JOY STUDIO.