Our General Conditions of Sale

GENERAL TERMS AND CONDITIONS OF SALE

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ARTICLE 1 - Scope of Application

These General Terms and Conditions of Sale apply, without restriction or reservation, to all subscription contracts concluded between SAS NOO CORP, 13 BIS AVENUE DE LA MOTTE-PICQUET 75007 PARIS, registered with the Paris Trade and Companies Register under number 824 500 797 ("the Seller"), and consumers or non-professional buyers ("the Clients" or "the Client") wishing to subscribe to a subscription contract with the Seller ("the Subscription") on the website https://joone.com ("the Site").

The General Terms and Conditions of Sale specify in particular the conditions of Subscription, payment, delivery, and management of possible returns of the products ordered by Clients ("the Orders").

The Products offered for sale on the Site are baby diapers ("the Products").

These General Terms and Conditions of Sale are accessible at any time on the Site and shall prevail, where applicable, over any other version or contradictory document, as well as any other conditions applicable to in-store sales or other distribution and marketing channels.

The present General Terms and Conditions of Sale apply as they are written on the Site at the time of Subscription.

The Client acknowledges having the required capacity to contract the Subscription offered on the Site. The Seller does not intend to sell Subscriptions on the Site to professionals, but only to consumers or non-professionals for their personal needs.

The Seller therefore reserves the right to refuse Subscriptions in large quantities.

The Site's services are normally accessible to Clients 7 days a week, 24 hours a day, all year round, except in cases of voluntary or involuntary interruption, notably for maintenance or force majeure. The Seller, being under an obligation of means, shall not be held liable for any damage of any nature resulting from the unavailability of the Site.

ARTICLE 2 - Subscription Conditions

Subscription to the Seller's offer is made through the Site.

Any Subscription made on the Site constitutes the formation of a distance contract between the Client and the Seller. The sale shall be deemed final after the Seller sends the Client a confirmation of the Subscription via email and after payment has been received.

The Subscription service consists of the monthly shipment of a specified number of Products chosen on the Site until either Party decides to terminate the Subscription under the contractual cancellation conditions provided in the "Cancellation" article.

By subscribing to the Subscription, the Client agrees to a monthly direct debit for an amount defined at the time of Subscription on the Site. Thus, as long as the Subscription continues, the Client will be automatically charged the defined amount each month.

Up to three days before an Order is delivered, the Client may modify their Order, terminate their Subscription, suspend it, or change their address by responding to the email sent by the Seller one week before the Order is shipped.

If no response is provided, the Subscription is automatically renewed under the same conditions as the last Order.

The main characteristics of the Products covered by the Subscription, including specifications, illustrations, size or property indications, and essential details, are presented on the Site. The photographs and graphics displayed on the Site are non-contractual and do not bind the Seller. The Client is required to review these before subscribing to the Subscription. The choice and purchase of a Product are the sole responsibility of the Client.

Product offers are valid while stocks last, as specified at the time of Subscription.

For proper Subscription administration, the Client must fill out a form with their personal data. The information provided to the Seller must be accurate. The Client must ensure its accuracy and compliance at the time of Subscription. If incorrect data is provided, the Seller cannot be held liable.

It is the Client’s responsibility to verify the accuracy of their Subscription and immediately report any errors.

ARTICLE 3 - Cancellation

The Client may cancel their Subscription without reason up to three days before their next Order is shipped, following receipt of an email from the Seller inviting them to confirm their next Order.

The Subscription may also be terminated by the Seller under the terms provided in the "Deactivation of Client Account" article.

ARTICLE 4 - Deactivation of Client Account

In the event of non-compliance with obligations arising from the acceptance of these General Terms and Conditions of Sale, payment incidents, the provision of incorrect information during account creation, or actions likely to harm the Seller’s interests, the Seller reserves the right to suspend access to services on the Site or, depending on the severity of the actions, terminate the Subscription and the Client’s account without compensation.

The Seller also reserves the right to refuse to contract with a Client who has been excluded or sanctioned for such actions.

ARTICLE 5 - Price

The Subscription price includes the price of the Products and the monthly delivery service. The Subscription Price is indicated including all taxes on the Site at the time of Subscription.

The Subscription Price is fixed and non-revisable during the Subscription period.

However, outside of the Subscription period, the Seller reserves the right to modify the Subscription Price at any time and without notice. Such changes apply only to future Subscriptions, and already subscribed Subscriptions will not be affected by any price modification occurring after their Subscription date.

An invoice is issued by the Seller and sent by email to the Client upon payment receipt. The Client will receive a confirmation email for payment and automatic debit upon validation of the Subscription.

ARTICLE 6 - Payment Conditions

Subscription payment shall be made using any payment method available on the Site at the time of Subscription.

Payments are secured through an encryption process to prevent data interception by third parties. In accordance with current regulations, the Seller does not store Clients’ banking details.

The Seller cannot be held liable in the event of fraudulent use of payment methods.

Within three days of receiving the Subscription request, a debit request will be sent to the payment institution.

Payments made by the Client shall only be considered final after actual receipt of the amounts due by the Seller.

No additional fees exceeding the Seller’s actual payment processing costs shall be charged to the Client.

ARTICLE 7 - Proof

The Seller retains all written records of transactions between the Seller and the Client in a reliable and durable medium, which may be used as proof of communications, Orders, payments, and transactions.

ARTICLE 8 - Delivery

We deliver to multiple countries through our trusted carriers. Shipping costs vary depending on the destination and the chosen delivery method.

Free shipping is available for orders over €49 in France, Monaco, Belgium, Luxembourg, and Spain (relay points), as well as several other European countries. For Austria, Denmark, Italy, Spain, Portugal, and additional EU destinations, free shipping applies from €75. Standard shipping rates within Europe range from €4.90 to €19.90, depending on the country and carrier.

Express delivery options are available in France and Monaco via Chronopost, with reduced rates for subscribers. For Switzerland, free shipping applies to orders over €99, while for the UK, Jersey, and Guernsey, reduced shipping rates start at €4.90 for orders above €49.

International deliveries to destinations such as the US, Canada, Australia, Japan, and various other countries are handled by DHL, with rates of €29.90 for cosmetics and €49.90 for diaper subscriptions. French overseas territories are served by Colissimo, with similar pricing.

Delivery times vary based on location and carrier. Customers will receive a tracking number upon shipment. Customs duties and import taxes may apply to international deliveries outside the EU and remain the responsibility of the customer.

ARTICLE 9 - Refunds

The Client is required to verify the condition of the delivered Order.

The Seller guarantees the Legal Compliance Warranty described in the article "Seller's Responsibilities - Warranties" below. Under this Warranty, the Seller must take back a Product in case of a non-compliant or defective delivery.

The Client must return the Order to the Seller in its original packaging, indicating the reason for refusal on the delivery note or invoice. The direct return costs shall be borne by the Seller, and the Client may request:

A new delivery that complies with the Order;
An exchange for a similar Product; or
Cancellation of the Subscription (with a refund of the amounts paid for the non-compliant Order and potentially a claim for damages in case of harm).

The exchange of the Order (subject to stock availability) or refund of the Subscription Price (including shipping and return costs) shall be processed within thirty (30) days from the Seller’s receipt of the returned Order.

The refund of the Subscription Price and return costs will be issued either by credit to the Client’s bank account or by a check sent to the Client.

In any case, the Seller’s liability is limited to the monthly Subscription value.

The Seller also guarantees protection against Hidden Defects as described in the "Seller's Responsibilities - Warranties" article below. Under this warranty, the Client must prove the existence of a hidden defect, meaning one that was not visible at the time of purchase, that renders the Product unsuitable for its intended use or significantly reduces its usability, and that existed at the time of purchase.

The Client may choose between two solutions:

Keep the product and request a price reduction,
Return the product and request a refund, including costs incurred by the sale.

The Client has two years from the discovery of the hidden defect to invoke this warranty. The request may be made by registered letter with acknowledgment of receipt.

After the specified deadlines, and if the formalities are not met, the Products will be considered compliant and free of any apparent defects, and no claims will be accepted by the Seller.

ARTICLE 10 - Transfer of Ownership - Transfer of Risk

As the Order is delivered by the Seller’s designated carrier, the transfer of risk occurs only when the Client (or a third party designated by them) physically takes possession of the Order and can inspect its condition.

The Seller must ensure that the Client has taken physical possession of the goods. If the Seller lacks proof of delivery and the Client disputes receipt of the ordered goods, the Seller assumes the risk of loss.

ARTICLE 11 - Right of Withdrawal

In accordance with applicable legal provisions, the Client has a period of fourteen (14) days from the Subscription date or the date of receipt of the first Order to exercise their right of withdrawal without having to provide reasons or pay penalties.

The notification of withdrawal must be made by mail or email (via the "Contact" page on the Site) to the Seller.

The refund of the first Order’s price, excluding return costs, will be processed within a maximum of fourteen (14) days from the receipt of the withdrawal notification, by bank transfer or check at the Seller’s discretion.

ARTICLE 12 - Seller's Responsibilities - Warranty

The Products sold on the Site comply with current French regulations and are suitable for non-professional use.

The Products supplied by the Seller are covered by the following legal warranties at no additional cost, independent of the right of withdrawal, in accordance with legal provisions:

The Legal Compliance Warranty for Products that are defective, damaged, or non-compliant with the Order,
The Legal Warranty against Hidden Defects resulting from a material, design, or manufacturing defect affecting the delivered Products and making them unsuitable for use.

Under the Legal Compliance Warranty, the Client has two years from the delivery date to take action against the Seller. The Client may choose between repair and replacement of the non-compliant Product, subject to cost conditions specified in Article L 217-9 of the Consumer Code. If there is a significant cost difference between the two options, the Seller may impose the cheaper option. The Client does not have to prove when the defect occurred.

If the Seller disputes the application of the warranty, arguing that the defect appeared after the purchase, the burden of proof falls on the Seller.

If the Client invokes the Legal Compliance Warranty during the withdrawal period, the withdrawal period is paused and resumes upon the delivery of a new compliant product.

The Client may also invoke the Hidden Defects Warranty within two years of discovering the defect, in accordance with Article 1641 of the Civil Code. The Client may choose between canceling the sale or requesting a price reduction, in accordance with Article 1644 of the Civil Code.

To exercise their rights, the Client may request a refund for defective Products under the conditions outlined in the "Refunds" article above.

The Seller shall not be held liable in the following cases:

Failure of the Client to comply with the regulations of the destination country; it is the Client’s responsibility to verify compliance.
Improper use, professional use, negligence, lack of maintenance, normal wear and tear, accidents, or force majeure.

The Seller's warranty is strictly limited to the conditions set forth in the "Refunds" article.

The Client’s login credentials, including their username and password, are personal and confidential. These credentials can only be changed at the Client’s initiative or by the Seller upon the Client’s express request.

Any Subscription made using the Client's credentials is deemed to have been placed by the Client. The Client is solely responsible for the security of their credentials and must keep them confidential. Any disclosure by the Client shall not be attributed to the Seller. The Seller shall not be liable for damages resulting from the disclosure of the Client’s personal and confidential data and its subsequent use by unauthorized third parties.

ARTICLE 13.1 - Data Protection and Privacy

The information requested from the Customer in the questionnaire during registration is necessary for the proper processing of the Subscription and may be shared with the Seller’s contractual partner suppliers involved in the execution, processing, management, and payment of the Subscriptions.

In accordance with Law 78-17 of January 6, 1978, it is reminded that the personal data requested from the Customer are necessary for processing their Subscription and for the issuance of invoices, in particular.

The processing of the information provided through the Site has been declared to the CNIL (declaration number: 2079254 v 0).

In accordance with the Data Protection Act of January 6, 1978, the Customer has the right to access, rectify, and object to the processing of their personal data at any time.

The Customer may request that any inaccurate, outdated, incomplete, or prohibited data regarding them be corrected, completed, clarified, or erased. To exercise this right, the Customer simply needs to write to us via our "CONTACT" page on our website or by mail at 7 Rue Galilée, 75116 Paris.

The Customer can register for free on the Bloctel telephone marketing opt-out list at the following address: www.bloctel.gouv.fr.

We reserve the right to use the statistics provided by the forms completed by Customers to optimize our service and that of our partners.

ARTICLE 13.2 - Cookies

The Site uses cookies, which allow the recording of information related to the navigation of the computer on the website.
A cookie is a block of data that does not identify the user but serves to store information related to their browsing behavior. A cookie is thus a small text file placed on the buyer’s or user’s computer when visiting a site or viewing an advertisement. Cookies are primarily used to collect information regarding browsing habits on sites and to provide personalized services. Cookies on the user's computer are managed by their web browser. The browser’s settings may allow the user to be informed of the presence of a cookie and, if necessary, to reject it, as described at the following address: [link to website].

The user has all of the aforementioned rights concerning the personal data provided through cookies under the conditions outlined above. Therefore, this information is never shared with third parties or resold. Finally, the company never holds any banking information. However, the company may place cookies or collect information regarding the buyer’s terminal, including technical attributes, necessary for identifying the equipment (computer, tablet, or mobile phone) to secure transactions (fraud risk prevention).

The company uses cookies and similar tracking technologies related to the use of the Joone website and the user's devices (mobile or computer) to better identify them and personalize their services.

The site also uses social media “plug-ins” or buttons. These social cookies allow users to share pages and content via third-party social networks. They also allow the targeting of advertising offers on social networks.

Social plug-ins allow easy sharing of pages and content from the site www.joone.fr on different social platforms. For example, they allow users to “like” and share information from the company’s site with their friends on social networks. To this end, plug-ins use cookies to track the browsing of internet users, whether the customer is a user of these platforms or not, and whether they are logged into the social network during their browsing. These cookies also allow targeting advertising offers on these platforms. For more information on the use of personal data in relation to social networks, users can consult the privacy policies of the relevant third-party social networks.

ARTICLE 14 - Intellectual Property

All elements of the Site, whether visual or auditory, texts, layouts, illustrations, photographs, documents, and other elements, including the underlying technology, are the property of the Seller and its partners and are protected by copyright, trademarks, and patents. Any total or partial reproduction of the elements available on the Site is strictly prohibited and is protected by French and international intellectual property laws.

Furthermore, the Seller retains ownership of all intellectual property rights to photographs, presentations, studies, drawings, models, prototypes, etc., created (even at the Customer’s request) for the provision of services to the Customer. The Customer is therefore prohibited from reproducing or exploiting these studies, drawings, models, prototypes, etc., without the express, written, and prior authorization of the Seller, which may condition it on a financial counterpart.

The distribution of JOONE products is carried out exclusively through the website www.joone.fr and with the express and prior authorization of the company NOO CORP. The company NOO CORP formally opposes any resale of JOONE products, particularly when (1) the condition of the products or their packaging is altered, and/or (2) the products are not marketed under conditions that meet the very high standards of presentation, advice, and sales of JOONE products implemented by NOO CORP, and/or (3) there is a risk of confusion in the public’s mind (e.g., in case of excessive and/or unjustified use of the JOONE brand, and/or reproduction of elements – visuals, texts, etc. – from the "joone.fr" website) leading them to believe that the resale is carried out by NOO CORP or with its consent.

ARTICLE 15 - Force Majeure

These General Terms and Conditions expressly exclude the legal regime of force majeure provided by Article 1195 of the Civil Code for all Subscription Sales transactions between the Seller and the Customer. Therefore, both the Seller and the Customer waive any right to invoke the provisions of Article 1195 of the Civil Code and the force majeure regime provided therein, agreeing to fulfill their obligations even if the contractual balance is disrupted by circumstances that were unforeseeable at the time of the conclusion of the sale, even if its execution becomes excessively costly and bearing all the economic and financial consequences.

However, if the change in circumstances unforeseeable at the time of the Subscription conclusion is definitive or lasts for more than a month, these terms and conditions will be simply and definitively terminated in accordance with the procedures outlined in these General Terms and Conditions of Sale.

ARTICLE 16 - Termination of the Subscription

16-1 - Termination for Force Majeure

It is expressly agreed that the parties may terminate the Subscription automatically, without notice or formalities.

16-2 - Termination for Breach of Obligation by a Party

In the event of non-compliance by either party with the obligations under the Subscription, the Subscription may be terminated at the discretion of the aggrieved party.

It is expressly understood that this termination due to a party’s failure to meet its obligations will take place automatically, with the default notice resulting solely from the failure to perform the obligation, without the need for notice or formalities.

16-3 - Common Provisions in Case of Termination

It is expressly agreed between the parties that the debtor of a payment obligation will be validly notified by the mere enforceability of the obligation, in accordance with the provisions of Article 1344 of the Civil Code.

ARTICLE 17 - Safeguard Clause

If one or more provisions of these General Terms and Conditions of Sale are declared invalid under a law, regulation, or final court decision, the other provisions shall remain in full force and effect.

ARTICLE 18 - Transfer of Rights and Obligations

In the event of a total or partial transfer of the Seller's business, the Subscriptions binding the Customer and the Seller and/or their successors and assigns will remain enforceable between the parties. The Subscriptions concluded by the Seller cannot be transferred by the Customer without the prior written consent of the Seller.

The Seller’s Subscriptions, rights, and obligations may, however, be assigned or transferred without the Customer's prior consent.

ARTICLE 19 - Advertising on the Site

The Seller may freely insert advertisements on the Site and has total discretion regarding the placement of these advertisements, the advertisers, and the display of these advertisements.

ARTICLE 20 - Modification of the General Terms and Conditions of Sale

The Seller reserves the right to modify these General Terms and Conditions of Sale at any time.

If the new General Terms and Conditions of Sale are not suitable for a Customer, the Customer must terminate their Subscription in accordance with the conditions described in the "Unsubscription" section.

The refusal of the new General Terms and Conditions of Sale must be explicitly stated. Without an explicit statement of refusal before the new provisions take effect, the Customer will be deemed to have accepted the modifications.

ARTICLE 21 - Governing Law - Language

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

ARTICLE 22 - Disputes

Any disputes arising from the purchase and sale transactions concluded under these General Terms and Conditions of Sale, including their validity, interpretation, execution, termination, consequences, and follow-up, which cannot be resolved between the Seller and the Customer, will be submitted to the competent courts under the general rules of law.

The Customer is informed that they can, in any event, resort to conventional mediation, particularly with the Consumer Mediation Commission (C. consom. art. L 612-1) or with existing sectoral mediation bodies, whose references are available on the Site, or any alternative dispute resolution method (e.g., conciliation) in case of a dispute.

Any fraudulent or abusive use of the platform, particularly the deliberate exploitation of technical flaws or bugs, is strictly prohibited. This includes, but is not limited to, any action allowing the order of products or services without payment or at a nominal price, without the explicit authorization of JOONE.
In the event of detection of fraudulent behavior aimed at taking advantage of a technical or IT malfunction of the site, JOONE reserves the right to cancel the orders placed through such practices, to charge the full amount of the products or services ordered at the normal prevailing price, if these products or services have been shipped, and to pursue the perpetrator for damages suffered and demand compensation.
Failure to comply with this clause may result in the immediate deletion of the concerned customer’s account and legal action in accordance with applicable laws regarding fraud and breach of trust.

ARTICLE 23 - Pre-Contractual Information - Customer Acceptance

By ordering on the Site, a natural person is obligated to pay for the Subscriptions, which the Customer expressly acknowledges, waiving, in particular, any contradictory document that would be unenforceable against the Seller.

The Customer acknowledges having read these General Terms and Conditions of Sale, understands them, and accepts them without reservation and with full knowledge of the facts.

Extended Producer Responsibility

As part of the extended producer responsibility (EPR), Joone is registered under the unique identification number FR206767_01RJJG. This identifier guarantees that Joone is a member of a system for managing waste, in accordance with the provisions of the environmental code.

APPENDIX I - Provisions Regarding Legal Warranties

Article L217-4 of the Consumer Code

The Seller is obliged to deliver a product in accordance with the Subscription and is responsible for any defects in conformity present at the time of delivery. The Seller is also responsible for defects in conformity resulting from packaging, assembly instructions, or installation, when these have been made the Seller's responsibility under the Subscription or have been carried out under their responsibility.

Article L217-5 of the Consumer Code

A product is deemed fit for the usual use expected of a similar item and, if applicable, it must: correspond to the description provided by the Seller and have the qualities presented to the buyer in the form of a sample or model; present the qualities that a buyer can legitimately expect, considering the public statements made by the Seller, the producer, or their representative, notably in advertising or labeling; or present the features agreed upon by the parties, or be fit for any specific use sought by the buyer, communicated to the Seller and accepted by the Seller.

Article L217-12 of the Consumer Code

Actions resulting from defects in conformity are time-barred after two years from the delivery of the product.

Article L217-16 of the Consumer Code

When the buyer requests the Seller to repair a movable good under the commercial warranty granted during its acquisition or repair, any period of immobilization of at least seven days is added to the remaining duration of the warranty. This period runs from the buyer's request for intervention or the availability of the good for repair, if the latter occurs after the request for intervention.

Article 1641 of the Civil Code

The Seller is liable for hidden defects in the goods sold that make them unfit for the use for which they were intended, or which reduce their use to such an extent that the buyer would not have acquired them or would have paid a lower price if they had known about them.

Article 1648, paragraph 1 of the Civil Code

An action resulting from hidden defects must be brought by the buyer within two years from the discovery of the defect.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at carole@joone.fr.

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