Article 1 – Completeness
1.1 – These general conditions express all the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.
1.2 – The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online.
1.3 – If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.
Article 2 – Purpose
2.1 – The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods and / or the provision of services offered by the seller to the buyer.
2.2 – These conditions only concern purchases made by buyers located in France and delivered exclusively on French territory. For any delivery outside France, you should send a message to [email protected]
Article 3 – The order
3.1 – The buyer has the possibility of placing his order online, from the online catalog and by means of the form which appears therein.
3.2 – For the order to be validated, the buyer must accept, by clicking on the place indicated, these general conditions. He will also have to choose the address and the delivery method, and finally validate the payment method.
3.3 – Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will occur within the framework of a possible exchange and the guarantees mentioned below.
3.4 – In certain cases, in particular non-payment, incorrect address or other problem on the buyer’s account, the seller reserves the right to block the buyer’s order until the problem is resolved.
3.5 – In case of unavailability of an ordered Product, the buyer will be informed by email.
3.6 – The cancellation of the order for this Product and its possible refund will then be made, the rest of the order remaining firm and final.
Article 4 – Electronic signature
4.1 – The online supply of the buyer’s bank card number and the final validation of the order will constitute proof of the buyer’s agreement in accordance with the provisions of the law of March 13, 2000 and will be worth:
payment of the sums due under the order form,
signature and express acceptance of all transactions carried out.
4.2 – In the event of fraudulent use of the bank card, the purchaser is invited, as soon as this use is noted, to contact the competent department of his bank.
Article 5 – Order confirmation
5.1 – The seller provides the buyer with a copy of the contract, on paper signed by the parties or, with the buyer’s agreement, on another durable medium, confirming the express commitment of the parties.
Article 6 – Proof of the transaction
6.1 – The computerized registers, kept in the vendor’s computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium which can be produced as proof.
Article 7 – Product information
7.1 – The products governed by these general conditions are those which appear on the seller’s website and which are indicated as sold and shipped by the seller. They are offered within the limits of available stocks.
7.2 – The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the seller cannot be held liable.
7.3 – The photographs of the products are not contractual.
Article 8 – Price
8.1 – The seller reserves the right to modify its prices at any time, but undertakes to apply the prices in force indicated at the time of the order, subject to availability on that date.
8.2 – The prices are indicated in dollars. They do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store. Payment of the full price must be made when ordering. At no time may the sums paid be considered as a deposit or down payment.
8.3 – If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change may be reflected in the selling price of the products.
Article 9 – Method of payment
9.1 – To pay for his order, the buyer has his choice of all the payment methods made available to him by the seller and listed on the seller’s website. The buyer guarantees the seller that he has the necessary authorizations to use the method of payment chosen by him, when validating the order form. The seller reserves the right to suspend any order management and any delivery in the event of refusal of authorization of payment by bank card from officially accredited bodies or in the event of non-payment. The seller reserves the right in particular to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is being administered. . The seller has put in place an order verification procedure to ensure that no one is using another person’s bank details without their knowledge.
9.2 – As part of this verification, the buyer may be asked to send the seller by fax a copy of an identity document as well as proof of address. The order will then be validated only after receipt and verification by the seller of the parts sent.
9.3 – The seller may not receive any payment or any consideration, in any form whatsoever, from the buyer before the expiration of a period of 7 days from the conclusion of the contract.
Article 10 – Product availability – Refund
10.1 – Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the home page of the site, the shipping times will be, within the limits of available stocks, those indicated below. below. Shipping times run from the date of registration of the order indicated on the order confirmation email.
10.2 – For deliveries in Metropolitan France, the deadline is 8 working days from the day following that on which the buyer placed his order.
10.3 – In the event of non-compliance with the contractual deadlines, the buyer can terminate the contract, by registered letter with acknowledgment of receipt, after having ordered the seller to make the delivery or provide the service within a reasonable additional period.
However, if he wishes, the buyer can immediately terminate the contract, if the dates or deadlines seen above constitute for him an essential condition of the contract.
10.4 – In this case, when the contract is terminated, the seller is required to reimburse the buyer for all sums paid, at the latest within 14 days of the date on which the contract was terminated.
10.5 – In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the possibility of canceling his order. The buyer will then have the choice of requesting either the refund of the sums paid within 30 days at the latest of their payment, or the exchange of the product.
Article 11 – Terms of delivery
11.1 – Delivery is only made after confirmation of payment by the seller’s banking organization.
11.2 – The products ordered are delivered.
11.3 – No delivery is made to campsites, hotels, post offices and PO boxes. The products are delivered to the address indicated by the purchaser on the order form, the purchaser must ensure its accuracy. Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer’s expense. The buyer may, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
11.4 – If the buyer is absent on the day of delivery, the deliveryman will leave a calling card in the letterbox, which will allow the parcel to be collected from the place and during the period indicated.
11.5 – If at the time of delivery, the original packaging is damaged, torn or opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must absolutely refuse the package and note a reservation on the delivery slip (package refused, because open or damaged).
11.6 – The buyer must indicate on the delivery note and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (damage, product missing from the delivery note, damaged package, broken products …).
11.7 – This verification is considered to have been carried out once the purchaser, or a person authorized by him, has signed the delivery slip.
11.8 – The buyer must then confirm by registered mail these reservations to the carrier no later than two working days following receipt of the item (s) and send a copy of this letter by fax or simple letter to the seller at the address indicated in the legal notices of the site.
11.9 – If the products need to be returned to the seller, they must be the subject of a return request to the seller within 7 days of delivery. Any complaint made after this deadline cannot be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions, etc.).
Article 12 – Delivery errors
12.1 – The buyer must formulate to the seller on the same day of delivery or at the latest on the first working day following delivery, any claim of delivery error and / or non-conformity of the products in kind or in quality by report to the information on the order form. Any complaint formulated beyond this period will be rejected.
12.2 – The complaint may be made, at the buyer’s choice: email address: [email protected]
12.3 – Any claim not made in accordance with the rules defined above and within the time limits set cannot be taken into account and will release the seller from any liability towards the buyer.
12.4 – On receipt of the complaint, the seller will assign an exchange number for the product (s) concerned and will communicate it to the buyer by e-mail. The exchange of a product can only take place after the allocation of the exchange number.
12.5 – In the event of a delivery or exchange error, any product to be exchanged or reimbursed must be returned to the seller as a whole and in its original packaging, by registered Colissimo, to the following address: SARL IDEE CREATIONS 27 rue de l’Europe 16730 FLEAC. The customer must first contact the seller at the following address: [email protected]
12.6 – Return costs are the responsibility of the seller.
Article 13 – Product warranty
13.1 – The products sold are covered by a commercial guarantee aimed at guaranteeing their conformity and ensuring the reimbursement of the purchase price, the replacement or repair of the goods.
It does not cover defects caused due to abnormal or faulty use or resulting from a cause unrelated to the intrinsic qualities of the products.
13.2 – The foregoing provisions are not exclusive of the application of the legal guarantee of conformity of article L. 211-4 of the consumer code and of the guarantee against defects of the goods sold in articles 1641 and following of the Civil Code.
Article 14 – Right of withdrawal
14.1 – In accordance with the provisions of the Consumer Code, the buyer has 14 working days from the date of delivery of his order, to return any item that does not suit him and request an exchange or refund. without penalty, with the exception of return costs which remain the responsibility of the buyer.
14.2 – Only products returned as a whole, in their original packaging, complete and intact, and in perfect condition for resale, will be accepted. Any product that has been damaged, or whose original packaging has been damaged, will not be refunded or exchanged.
Article 15 – Return procedure – Refund
15.1 – After having communicated his decision to withdraw, the buyer then has 14 days to return or return the goods.
15.2 – The product must be returned to the seller, whole, clean, not dismantled and in its original packaging, by registered colispost, to the following address: SARL IDEE CREATIONS 27 rue de l’Europe 16730 FLEAC France. The customer must first contact the seller at the following address: [email protected]
15.3 – This right of withdrawal is exercised without penalty, it being understood that the return costs are the responsibility of the buyer. In the case of an exchange, the reshipment will be at the buyer’s expense.
15.4 – The seller must reimburse the buyer for all sums paid, including delivery costs, without undue delay and at the latest within 14 days of the date on which he is informed of the consumer’s decision to withdraw .
The seller may, however, defer the reimbursement until recovery of the goods or until the buyer has provided proof of shipment of these goods, the date chosen being that of the first of these facts.
Article 16 – Force majeure
16.1 – All circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations are considered grounds for exemption from the obligations of the parties and result in their suspension.
16.2 – The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
16.3 – Will be considered as force majeure any irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonable efforts possible. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers.
16.4 – The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party.
Article 17 – Partial non-validation
17.1 – If one or more provisions of these general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other provisions will retain all their strength and reach.
Article 18 – Non-waiver
18.1 – The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the ‘obligation in question.
Article 19 – Title
19.1 – In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 20 – Applicable law
20.1 – These general conditions are subject to the application of French law, to the exclusion of the provisions of the Vienna Convention. This is the case for the substantive rules as for the rules of form. In the event of a dispute or complaint, the buyer will first contact the seller to obtain an amicable solution.
Failing that, the buyer may initiate proceedings before the court of his choice.
