TERMS OF SERVICES
General Terms and Conditions of Services that can be accessed on the Jnuine application
The purpose of these General Terms and Conditions is to define the terms and conditions for the provision of services described in Article 6 (hereinafter referred to as the "Services"), that can be accessed on the website www.jnuine.com or the Jnuine mobile application (hereinafter referred to as the “Application”, as well as to define the rights and obligations of the various parties within this framework.
A person who subscribes to the Services is hereinafter referred to as a "User".
These General Terms and Conditions can be accessed at any moment in the Application. They may be subject to certain terms and conditions specific to certain Services. These conditions are hereby incorporated into the General Terms and Conditions and, in the case of any inconsistency between the General Terms and Conditions and these specific conditions, the latter will prevail.
2. Manager of the Application and the Services - Contact Details
The Application and the Services are managed by the company Jnuine, a French Limited Liability Company with a registered capital of 10,000 Euro, registered under number 505 027 102 with the Registry of Trade and Companies of Nanterre, and whose head office is located at 27 rue du Chemin Vert, 75011 Paris in France (hereinafter referred to as "Jnuine").
Jnuine can be contacted through any of the following channels:
Street Address: 27 rue du Chemin Vert, 75011 Paris, France
Phone: +33(0)1 75 77 87 23
Email address: email@example.com
3. Access to the Application and the Services
The Application and the Services can be accessed by: Any person having the full legal capacity to be bound by these General Terms and Conditions of Use. Any person who does not have such full legal capacity may only access the Website and the Services with the agreement of their legal representative. Any entity being in a partnership with Jnuine, within the Services, and acting through a person having full legal capacity to contract for and on behalf of the entity.
4. Acceptance of the Terms and Conditions
The User accepts the General Terms and Conditions by clicking on the button “Create my Account” the first time the Application is run. This acceptance can only be full and complete. Any qualified acceptance is considered as null and void. Any User who does not accept to be bound by the General Terms and Conditions must not access the Application or use the Services.
5. Registering for Services
5.1 In order for the User to access the Services, they must download the Mobile Application on their mobile device from the appropriate store (Apple Store or Google Play), and then create an account (hereinafter referred to as the "Account") by filling out all requested information and complying with any required process when the Mobile Application is first run. The User may then be invited to provide other information to add to their Account. The User's Account gives them access to a personal space (hereinafter referred to as the "Personal Space") which will enable them to use the Services in a format and according to the technical means that Jnuine deems the most appropriate for providing the said Services.
5.2 The User warrants that all information they provide when creating or updating their Account is exact, up to date and sincere and is in no way misleading or dishonest. They agree to update this information in their Personal Space in the event that any of it should change in order to continuously meet the above-mentioned criteria. The User is hereby informed and accepts that the information provided by them for the creation or update of their Account is valid as proof of their identity. Details entered by the User will be binding upon confirmation.
5.3 The User can access their Account by connecting to their Personal Space using their connection ID and password. The User can also connect to the Web Application by using their connection ID and password. The User agrees to use the Services themself and agrees not to allow any third party to use these Services on their behalf, unless accepting full responsibility for the consequences. In the same way, the User is responsible for keeping their connection ID and password confidential. They must contact Jnuine immediately, through any of the channels mentioned in Article 2 of these Terms and Conditions, if they notice that their Account has been used without their knowledge. The User acknowledges Jnuine’s right to take all measures it deems appropriate in a case such as this.
6. Description of the Services
Jnuine enables the User to create collaborative photo albums with their friends using photographs and short messages (such conversations are hereinafter referred to as "Albums"). Within this framework, Jnuine provides the User with the Services below in a format, and according to the technical means, that Jnuine deems the most appropriate.
6.1 Initiating and administering an Album
6.1.1 Initiating an Album
The User can initiate an Album by giving it a title, a start date and a end date.
The Initiator of an Album is hereinafter referred to as the "Administrator".
6.1.2 Inviting friends to an Album
The Administrator freely determines the friends that they wish to invite to the Album that they have initiated. The Administrator can invite a friend to an Album by sending the Album's invitation link by text message, email, or on any relevant communication channel, or by showing the Album's QR code.
The User who takes part in an Album is hereinafter referred to as a "Contributor". There is no limit to the number of Contributors to an Album. Contributors can invite other friends to take part in the Album without the authorization of the Administrator.
6.1.3 Functions available to the Administrator
The Administrator is the only User authorized to exclude any Contributor.
At any moment, they can modify or delete one or several Contributions (as defined in article 6.2) to an Album that they have initiated.
The Administrator also, at any time, has the option of: changing the start and end dates of the Album, changing the title of the Album, and deleting an entire Album, which will no longer be available to either the Administrator or the Contributors,
6.2 Taking part in an Album
Taking part in an Album is only possible between the Album's start date and end date.
Taking part in an Album is only possible upon invitation of the Administrator who initiated the Album in question or upon invitation of one of the Album's Contributors.
The Contributor can take part in the Album according to one or several of the methods below (hereinafter collectively referred to as "Contributions"):
By posting a photograph, that can be either taken with the User’s mobile device, imported from its photo library, or taken by any other technical means that Jnuine puts at the disposition of the User,
By posting a note,
By posting a comment on a photograph,
By liking a photograph,
And by any other function that Jnuine may put at the disposition of the User.
Once the end date has passed the Administrator and the Contributors can access the Album, but can no longer add new Contributions to it.
The Administrator and the Contributor can download to their personal photo gallery any photograph posted in the Album they participate in at any time.
Jnuine reserves the right to modify the means to take part in an Album at any time.
The Contributor can modify or delete their Contributions at any time.
The Contributor can leave the Album as soon as they wish to.
The Contributor forfeits all access to the Album once they have left it.
6.3 Further functions of the Application
6.3.1 News and notifications
The Users have access to news and notifications relating in particular to : the last events of the Albums that they have initiated or in which they take part (such as, but not limited to, the last Contributions or invitation of new Contributors to such Albums), their contacts and invitations.
Push notification preferences can be modified in the settings of the User’s mobile device.
6.3.2 Access to completed Albums
The Users can access completed Albums that they have initiated or taken part in at any time, in the Completed section of the Application.
6.3.3 Printing of completed Albums
The Users can purchase a printed version of the published Albums that they have initiated or taken part in. This Service can be used through the Application. When connecting to Application, Users can access to all their completed Albums and select a printed version template. This Service is a paid service and is subject to specific terms and conditions which can be accessed at: www.jnuine.com/tos.
6.4 Other functions or Services
Jnuine reserves the right to modify or to propose any other functions or Services that it deems useful, in a format and according to the technical means that it deems the most appropriate for providing said functions or Services.
7. Free and paid Services
Services are provided to the User free of charge, unless explicitly stipulated otherwise. Paid Services shall be subject to specific terms and conditions, as set forth in article 1.
All telecommunication costs for access to the Internet and for use of the Services will be borne by the User. It is brought to their attention, and they accept, that such usage involves bandwidth consumption.
8. Term of the Services
Subscription to Services is taken out for a term of indefinite duration. It can be ended by any of the means set out in Article 12.
9. Obligations for Users
9.1 The User agrees to use the Application and the Services in compliance with these General Terms and Conditions, without violating public order or the rights of any third parties, and more generally without violating any laws or regulations.
9.2 The User acknowledges having read and understood the characteristics and constraints, technical in particular, of the entire range of Services.
9.3 The User is solely responsible for their use of the Application and the Services.
9.4 The User is solely responsible for content of whatever nature (editorial, graphic, audio, audiovisual or otherwise, including the name and/or image chosen by the User to identify themselves in the Application) that they post within the context of these Services (hereinafter referred to as "Content"). The User warrants Jnuine that the former has all the necessary rights and authorizations for the publication of this Content. The User agrees that this Content will be legal, does not disrupt public order, is not contrary to accepted standards of public decency, does not infringe any third party rights or legal provision and/or regulation, and more generally, is in no way likely to bring the civil or criminal liability of Jnuine into play. The User therefore agrees to refrain from publishing, in particular, but not limited to: Content that is pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, slanderous, or of a violent, racist, xenophobic or revisionist nature, Counterfeit Content, Content that is detrimental to the image of any third party, Content that is false, misleading or proposing or promoting unlawful, fraudulent or misleading activities, Content that could harm a third party's computer system (such as viruses, worms, Trojan horses, etc.), And more generally any Content that is likely to infringe the rights of others or cause harm to others in any manner or form.
9.5 When an Administrator initiates an Album, they are responsible for the exchanges that occur within it. The Administrator hereby agrees to see to it that their Album does not violate any policy or laws, infringe the rights of others, disrupt public order or be contrary to accepted standards of public decency. It is the Administrator's responsibility to moderate the Album consequently if need be.
9.6 The User is solely responsible for the operation of their mobile equipment as well as for keeping a copy of any Content that they publish within the framework of the Services, as it is the responsibility of the User to back up their own Content.
10. Prohibited behavior
10.1 Without prejudice to the provisions of Article 8, it is strictly prohibited to use the Services to the following ends: Carrying out activities that are unlawful, fraudulent or infringe the rights or the security of others Violating public order or any local policy or laws Hacking into the computer system of a third party or any activity aimed to harm, control, interfere or intercept all or part of another's computer system, violating its integrity or its security Sending unsolicited emails Tampering with the aim to improve referencing of another site Assisting or inciting, in any manner or form whatsoever, the carrying out of one or several of the actions or activities described above And more generally, any action that uses the Services for any other purpose than that for which they were designed.
10.2 The User is strictly prohibited from copying and/or using for their own purposes or those of a third party, the concept, technology or any other element of the Application.
10.3 Also strictly forbidden are: (i) any behavior that would interrupt, suspend, slow down or prevent continuity of the Services, (ii) any hacking or attempts to hack into Jnuine's IT systems, (iii) any hijacking of the Application's system resources, (iv) any acts that would place a disproportionate load on the Application's infrastructure, (v) any attempts to breach the Application's security and authentication structures, (vi) any acts that could infringe the rights and financial, commercial or moral interests of Jnuine or of the Users of its Application and finally, more generally, (vii) any breach of these General Terms and Conditions.
10.4 It is strictly prohibited to make money from, sell or concede all or part of one's access to the Services or to the Application or to the information that is hosted and/or shared on the Application.
11. Sanction for Breaches
In the event of a breach by a User of any of the provisions of these General Terms and Conditions, in particular of Articles 8 and 9, or more generally, any violation of any laws or regulations by a User, Jnuine reserves the right: (i) To suspend access to the Services for the User, (ii) To terminate the User's access to the Services in accordance with Article 12.2.2, (iii) To take any appropriate measures, in particular to delete any Content posted on the Application, (iv) To instigate appropriate legal action, (v) To notify the appropriate authorities where applicable, to cooperate with them and provide them with all information that may be useful in their investigating and intercepting of illegal or unlawful activity.
12. User's Guarantee The User guarantees Jnuine against any claims, demands, actions and/or grievances, of whatever form, that Jnuine could incur as a result of a breach by the User of any one of the provisions of these General Terms and Conditions and in particular of Articles 8 and 9. The User agrees to indemnify Jnuine for any prejudice that the latter would be subject to, and to pay any costs, liabilities, charges and/or convictions that Jnuine could incur as a result of such a breach, including the costs of legal advice.
13. Service Changes and Termination
13.1 Initiated by the User Users can opt out of the Services at any time, by requesting this of Jnuine by email, at the email address mentioned in Article 2. Their subscription shall be cancelled and the Services thus terminated for that User within a maximum of 2 (two) working days from the date of this request. The User must then delete the Application from their mobile device. Users are informed that the simple suppression of the Application from their mobile device, of which Jnuine cannot be informed, does not entail the termination of the Services. 13.2 Initiated by Jnuine
13.2.1 At any moment Jnuine reserves the right to change or stop offering all or part of the Services, in its sole discretion. The Users will be informed of these changes and/or termination of Services, through any pertinent channel.
13.2.2 In the event of breach by User In the event that the User does not respect these General Terms and Conditions, Jnuine reserves the right to terminate the User's access to all or part of the Services, effective immediately, by letter, fax or email. Termination takes immediate effect at the date that Jnuine sends the User written notification as per the present clause. This automatically, and without prior formal notice, brings about the deletion of the User's Account without prejudice to the other consequences potentially incurred pursuant to these General Terms and Conditions.
13.3 Consequences to Termination of Services The termination of Services, for whatever reason, brings about the deletion of the User's Account. The User will no longer have access to any Album or any Content published within the framework of the Services or, more generally, any element pertaining to the Services. Users are informed and accept that the Content of a User will be deleted at the latest 3 (three) years after the termination of Services for this User and may remain accessible to other Users of the Application in the meantime. Consequently, Users also accept that some Albums may appear incomplete due to the suppression of Content in relation with the termination of Services for some Users.
14. Jnuine's Liability and Guarantee
14.1 Jnuine agrees to provide the Services with diligence and in compliance with trade practice, bearing in mind that it has an obligation to provide due care, but this without any obligation of result, which is expressly acknowledged and agreed by the User.
14.2 Jnuine has no knowledge of the Content that the User publishes using the Services, and will not moderate, select, check or monitor in any way this Content, for which Jnuine only provides hosting. Consequently, Jnuine cannot be held liable for Content whose authors are third parties, and any potential claims should be made firstly to the author of the Content in question. Any Content that causes prejudice to a third party can however be the subject of a complaint to Jnuine within the conditions defined in Article 6 I 5 of the French law No. 2004-575 on confidence in the digital economy of 21st June 2004, Jnuine reserving the right to take the measures set forth in Article 10.
14.3 Jnuine assumes no responsibility in the event that any Content is lost. Users should keep a backup copy and will not be able to claim for any damages in case of any loss.
14.4 Jnuine will not provide any copies or backups of Albums to the User. Albums can only be accessed using the Services and cannot be downloaded, copied, extracted or exported, in whole or in part.
14.5 Jnuine agrees to regularly check that the Application is operational and can be accessed. To this end, Jnuine reserves the right to interrupt access to the Application momentarily for maintenance purposes. In the same way, Jnuine will not be held liable if the Application is ever momentarily difficult (or impossible) to access, due to circumstances that are outside Jnuine's control, force majeure, or due to disruption of the telecommunications network.
14.6 The Services are provided by Jnuine as is and without any guarantee of any description, either express or implied. In particular, Jnuine does not guarantee to Users (i) that the Services, which are subject to constant research to improve their performance and progress, will be totally free of errors, faults or defects, (ii) that the Services, being standard and not offered specifically to any one given User according to that User’s own personal constraints, will specifically meet that User’s needs and expectations.
15. Intellectual Property
15.1 Jnuine's Intellectual Property
The systems, software, structures, infrastructures, databases and content (text, images, graphics, music, logos, trademarks, etc.) used by Jnuine on the Application, as well as the technology used within the framework of the Services, are protected by all intellectual property rights, or rights for the creators of databases, in force. Any dismantling, decompilation, deciphering, extracting, exporting, reusing, copying and, more generally, any reproduction, representation, publishing or use of all or part of any these items, without Jnuine's authorization, is strictly prohibited and could lead to prosecution.
15.2 The User's Intellectual Property
For the purposes of using the Services, the User expressly authorizes Jnuine to use Content that may be protected by intellectual property rights in the following manner: Jnuine may reproduce and represent Content, in all or in part and in any format, including printed Albums, on any page of the Application. Jnuine can store Content for the purposes of providing the Services. The User acknowledges and agrees that the Content that they post online may be subject to modifications concerning its scaling, format and colour, as well as to alteration or deterioration of its quality depending on technical constraints of the Application. The User agrees not to put in any claim against Jnuine or request any compensation whatsoever from Jnuine with regard to this point. The above authorization is granted free of charge, the User expressly renouncing any claim for any type of payment, fee, royalty, indemnity or financial compensation from Jnuine for this. This authorization is granted all over the world for the whole duration that the User subscribes to the Services and 3 (three) years after their termination for such User.
16. Personal Data
Jnuine practices a policy of protection of personal data, the characteristics of which are detailed in the document called "Charter concerning the protection of personal data", which the User is expressly invited to read.
17. Commercial advertising and co-branding operations
Jnuine may insert advertising or promotional messages on any part of the Application, and more generally, associate these messages with Content, in a format, and according to the conditions, that Jnuine solely deems appropriate. In more general terms, the User hereby declares to have been informed that Jnuine may publish any advertising or promotional content that it chooses in the Application.
Jnuine may invite individual Users to participate in co-branding operations, in particular for commercial and marketing purposes organized by Jnuine in partnership with any entity registered as a User in the Application (hereinafter referred to as the "Partner"). Users participating to such operation acknowledge and agree that the Partner may be granted printed versions of the Album created at the occasion of such partnership.
18. Links and third-party sites
Jnuine can in no way be held liable for the technical availability or unavailability of Internet sites or mobile applications run by third parties to which Users access through links on the Application. Jnuine will not take on any liability for content, advertisements, products and/or services available on such third party sites or mobile applications and the User is hereby reminded that these sites and mobile applications are governed by their own terms and conditions of use. Jnuine is also not liable for any transactions conducted between a User and any advertisers, professionals or salespersons to which the User may be oriented through the Application and will not take part in any disputes whatsoever with these third parties particularly concerning the delivery of products and/or services, guarantees, declarations or other obligations whatsoever to which these third parties may be bound.
19. Modification of the Terms and Conditions
Jnuine reserves the right to modify these General Terms and Conditions at any time. The User will be informed of these changes through any pertinent channel. Any User who does not accept these modified General Terms and Conditions must unsubscribe from the Services according to the provisions set out in Article 12.1. Any User who uses the Services after the modification of these Terms and Conditions is considered to have implicitly accepted the modifications.
In the event of a translation of these Terms and Conditions into one or more languages, the language of interpretation will be French in the event of any contradiction or dispute concerning the meaning of any one of their terms or provisions.
21. Law and Jurisdiction
These Terms and Conditions are governed by French law. In the event of dispute concerning the validity, interpretation and/or application of these Terms and Conditions, all parties agree that the courts of Paris shall be the only competent jurisdiction capable of judging the dispute, save conflicting mandatory rules of practice.
22. Entry into Force
These Terms and Conditions became effective on September, 16 2014.
Charter concerning the protection of personal data on the "Jnuine" application.
1. Definition and nature of personal data
During your use of the services (hereinafter referred to as the "Services") that can be accessed on the website www.jnuine.com or on the Jnuine mobile application (hereinafter jointly referred to as the "Application"), we may require you to provide us with personal data. The term "personal data" means any data that enables a person to be identified, which corresponds in particular to your family name, first name, nickname, photograph, postal address, email address, mobile telephone number, date of birth, as well as any other information about you that you choose to provide us with.
2. Purpose of this Charter
The purpose of this charter is to inform you of the means that we use to collect your personal data, with the strictest respect for your rights. We would like to point out to you on this subject that we comply, in the collection and management of your personal data, to the current version of the French law N° 78-17 dated 6th January 1978 on Computer Processing, Filing Systems and Liberties.
3. Identity of the entity responsible for collecting data
The entity responsible for collecting your personal data is the company Jnuine, registered under the Registry of Trade and Companies of Nanterre under the number 505 027 102, whose head office is located at 27, rue du Chemin Vert, 75011 Paris (hereinafter referred to as "us" or "we").
4. Collecting personal data
Your personal data is collected to meet one or several of the following requirements:
i) To manage your access to the Services provided by the Application
ii) To carry out operations that relate to the management of users of the Services
iii) To provide commercial and Service use statistics
iv) To send newsletters, entreaties and promotional advertisements. If you would not wish to receive these, we offer you the option to check a box expressing your refusal on this subject when data is being collected.
v) To manage unpaid invoices and possible disputes about the use of the Services. vi) To respect our legal and regulatory obligations.
We will inform you, when requesting your personal data, if certain data must be provided or if it is optional. We will also inform you of the consequences should you not wish to provide this data.
5. Recipients of the collected data
Only our personnel, the services in charge of control (especially: external auditor) and our subcontractors may have access to your personal data. Government agencies may also be recipients of your personal data, exclusively to meet legal obligations, or representatives of the law, ministerial officers and organizations responsible for the collection of debts.
6. Transfer or sale of personal data
We can sell, transfer or lease-out your personal data to third parties. If you would agree to this, we offer you the option to check a box expressing your agreement on this subject when data is being collected.
7. Duration that personal data is kept
Your personal data is kept for the duration that you use the Services. It will be deleted three years after your membership has ended, at the latest, with the exception of data that is required to establish proof of a right or a contract which will be stored for the duration allowed by current laws and regulations.
For your information, we take all necessary precautions to maintain the security of your personal data, and in particular to prevent it from being deformed or damaged and to prevent any third party from accessing it.
Cookies are alphanumeric identifiers that are transferred to your computer or mobile device from your browser. There are two types of cookies: technical cookies and advertising cookies. Each type has a different purpose. Technical cookies are used throughout your browsing and facilitate your browsing experience. Thanks to them, you do not have to retype your login and password when you connect to your mailbox for example. They simplify your visit and enhance the dialog ergonomics. We use such technical cookies to facilitate your browsing experience. They are kept in your internet browser on your mobile device for 6 months. In comparison with technical cookies, advertising cookies enable the use of the retargeting technique which is a marketing model whose purpose is to propose advertisements to the internet user that are adapted specifically for them. We hereby inform you that we do not use such cookies. However, if we should decide to use them in the future, we will inform you prior to this and you may express your opposition, should you wish.
When you choose to provide your personal data you expressly give your consent for the collecting and use of your personal data in compliance with the provisions set forth in this Charter and the legislation in force.
11. Access to your personal data
In compliance with the French law of 6th January 1978 on Computer Processing and Liberties, you have the right to access and rectify any information concerning you. You can exercise this right and have the information concerning you communicated to you, through online access to your file. Or you can contact:
Email Address: firstname.lastname@example.org
Postal Address: Jnuine, 27 rue du Chemin Vert, 75011 Paris, France.
We reserve the right, at our sole discretion, to modify this Charter or any portion thereof. Any changes will be effective from the time of publication of the new Charter. Your use of the Application after the changes have been implemented implicitly expresses your acknowledgement and acceptance of the new Charter. Otherwise, and if the new Charter does not suit you, you must no longer use the Services and it will be your responsibility to terminate them according to the provisions set out in our General Terms and Conditions.
13. Entry into force
SPECIFIC CONDITIONS FOR PRINTING ALBUMS
The purpose of these Specific Terms and Conditions is to define the terms and conditions of the printing of completed Album Service (hereinafter referred to as the “Printing Service”), as set forth in the General Terms and Conditions of Services that can be accessed on the mobile application provided by Jnuine, as well as to define the rights and obligations of each of the parties within this context.
They supplement the above mentioned General Terms and Conditions, which Users hereby declare having acknowledged and accepted, and will prevail over them.
Any capitalized terms used but not defined herein shall have the meaning given to them in the General Terms and Conditions of Services.
The Printing Service, which can be accessed through the mobile Application, is dedicated to the printing of published Albums and the delivery of such printed items (hereinafter referred to as the “Prints”) to their Administrators and Contributors (hereinafter jointly referred to as the “Users”).
These Specific Terms and Conditions can be accessed and printed at any moment from a direct link on the Application.
2. Acceptance of these Specific Terms and Conditions
The Users declare, before placing an order, to have the full legal capacity to be bound by these Terms and Conditions. The Users will confirm their acceptance of these Terms and Conditions each time they place an order, by checking a checkbox in the order form. This acceptance can only be full and complete. Any qualified acceptance is considered as null and void. Users who do not accept to be bound by the Terms and Conditions must not place an order on the mobile Application.
3. Print selection
Users must select the Album they wish to have printed and view the different templates of the Prints they wish to receive. Users shall then select the template they are interested in. Such selection can be done at any time, at the latest when placing the order. Users are enabled: to preview the Prints on screen, in a format and according to the technical means available on the mobile Application, to select the setting and/or customization mode, such as the cover of the Print they order, according to the options which are available on the mobile Application.
4. Print ordering
4.1 Placing orders
After having selected their Prints, Users shall complete an order form, indicating in particular their names and contact details such as email and home addresses, for the purposes of delivery and invoicing. All fields in the order form marked as being required must be filled in. Orders cannot be validated unless they contain all required information. Users must make sure that their contact details are correct and that they will permit them to have the Prints delivered. The list of the selected Prints can be accessed at any moment for as long as the order has not been definitively validated and any potential errors in the items chosen can be corrected. Users assure that all information they provide in the order form is exact, up to date and sincere and is in no way misleading or dishonest. They are hereby informed and accepts that this information acts as proof of their identity and will be binding upon confirmation.
4.2 Order confirmation
When an order has been placed and paid, in accordance with the terms defined in article 6, Users will receive confirmation of the order by email. Users must make sure that the contact details that they entered when ordering are correct and that they permit Users to receive the order confirmation email. If Users do not receive an order confirmation email, they must contact Jnuine through the channels listed in article 2 of the General Terms and Conditions. Jnuine advises Users to keep the information contained in the order confirmation. The order and its confirmation are considered as having been received when the parties to whom they are addressed have access to them.
5. Prices and methods of payment Prices
The prices of the Print Service, including the delivery of the Prints, are displayed on the mobile Application. Unless otherwise stated, they are expressed in Euros and are inclusive of French taxes. The price that applies is the price displayed on the mobile Application at the moment the User’s order is being placed.
Caution: Depending on the country of delivery, duties or local taxes may be pursuant and may be charged to Users upon receipt of the parcel, in addition to the price paid to Jnuine. These duties and taxes, the amount of which Jnuine cannot predetermine and therefore cannot inform Users prior to their order, remain at Users’ charge and Users remain solely responsible for the making of any related declarations and/or the obtaining of any related authorizations.
Terms of payment
The total price of the Prints is due for payment at the moment the order is validated. Payment for the Prints can be made online by:
Banker’s card through the Stripe secure online payment service. Jnuine entrusts Stripe with the storage of Users’ bank data to this end. Jnuine doesn’t store any bank data.
Or by any other means that are proposed on the mobile Application at the moment of ordering.
Users guarantee to Jnuine that they have all the necessary authorization to use the chosen payment mode. Jnuine reserves the right to suspend or cancel any order and/or delivery in the event of non-payment of any amount owed by Users, any payment irregularity, or fraud or attempted fraud relating to the use of the mobile Application.
Fees of an amount equaling one and a half times (1.5 times) the legal French interest rate will be applied to the unpaid amounts upon receipt of notification of bank transfer refusal. Retention of ownership Jnuine retains full and complete ownership of Prints sold until payment has been made in full.
6. Delivery of Prints
6.1 Deliveries of Prints will be made by Jnuine to the address indicated by Users at the moment the order was placed and validated. Valid invoices and these Specific Terms and Conditions accompany all deliveries.
6.2 Users are informed by email when the order is being dispatched. The Prints shall be delivered to Users within 30 (thirty) days from the validation of their order. In the event that a delivery has not been beyond this period, and this not justified by force majeure, Buyers can cancel their order by sending a registered letter with acknowledgement of receipt to Jnuine and will obtain a full refund of the sums paid within 14 (fourteen) days from this cancellation, to the exclusion of all other compensation.
6.3 Users will be informed by Jnuine at the earliest possible time in the event that an ordered Print is not available. Users can in this case obtain a full refund of the sums paid within 30 (thirty) days, to the exclusion of all other compensation.
7. Absence of right of withdrawal
Users expressly acknowledge and accept that the Printing Service is customized according to their specification and that they therefore do not hold any right of withdrawal for this Service, pursuant to article L.121-21-8 of the French Consumer Code. 8. Legal safeguards Users enjoy legal safeguards against non-compliance as well as against latent defects of the thing sold. If Users notice that one of the Prints they were delivered has a defect, is non-compliant or damaged, they must inform Jnuine, through any of the channels mentioned in article 2 of the General Terms and Conditions, within 8 (eight) days from its delivery, indicating the nature of the defect, non-compliance or damage found and including any supporting documentation, such as a photography of the defected Print. Users shall then return within 30 (thirty) days the Print to Jnuine, in its original packaging, with all of its accessories and a copy of the corresponding purchase invoice. Jnuine will make the necessary verifications and will offer to repair or replace the Print if possible. If repair or replacement of the Print is not possible, Jnuine will offer to refund Users the full price paid for the Print, this including the related delivery charges. Users will be refunded promptly, within 30 (thirty) days at the latest following the date on which they informed Jnuine of their choice.
9.1 Jnuine cannot be held responsible for any failure or delay in the execution of the Printing Service due to Users, force majeure or any unforeseeable and unavoidable act of a third party, such as disruption or partial or total strikes of postal services, transport channels or communications.
9.2 Users hereby expressly acknowledge and accept that the photographs which appear in the Prints are those who were formerly published in their conversations and are of equal quality. They are sole responsible of the selection of the photographs they want to include in the Prints. Jnuine cannot be held liable of any possible poor quality of these photographs.
9.3 Users hereby expressly acknowledge and accept that a difference of rendering may be observed between the delivered Print and its previewing.
9.4 Jnuine only acts as service provider as it prints Albums that were initially created and edited by Users and, therefore, cannot be held responsible in case of any difficulties or potential disputes with regard to any content included in the Prints, in particular, but not limited to, any claims, demands, actions and/or grievances regarding infringement and violation of privacy. As stipulated in the General Terms and Conditions, Users are sole responsible for all contents included in the Albums which are subject to the Printing Service and warrant Jnuine that they have all the necessary rights and authorizations for the publication of such contents.
9.5 Jnuine informs Users that it might subcontract with a third party, including a print company, all or part of the Printing Service. Jnuine shall be fully responsible for the performance of the subcontracted tasks.
10. Prohibited behavior
Users are strictly prohibited to disclose, make money, sell or concede any of the Prints they ordered on the mobile Application and more generally, to propose any competing offer with regard to these Prints.
These Specific Terms and Conditions may be modified at any moment. In this case, the conditions that will apply will be those in force on the date Users place their order.
12. Entry into Force
These Terms and Conditions become effective on September, 16 2014.