TERMS AND CONDITIONS
Article 1. – Scope
The following terms and conditions express the full scope of the obligations of all parties. In this sens, the buyer is expected to consent to these terms and conditions without reserve.
The present terms and conditions apply excluding all other conditions, in particular those which apply for sales in the shop or via any other trading or distribution networks/circuits.
They are accessible on the website https://lamaisonducorten.com/ and will prevail on any other contradictory version or document. The seller and the buyer accept that the present terms and conditions exclusively govern their relation. The seller reserves the right to occasionally modify their terms and conditions.
These terms and conditions apply immediately upon their online publication. If a term or condition should come to be unfulfilled, it would be considered to be ruled by the legal practices in effect concerning distance selling which apply to companies set in France.
Article 2. – Object
The present terms and conditions serve the purpose of defining the rights and obligations of all parties with regards to online sales of products provided by the seller to the buyer via the internet website https://lamaisonducorten.com/.
The present terms and conditions only concern purchases made by buyers located in France and delivered exclusively on the French territory.
For any delivery outside of France, contact sarlicces@outlook.fr
Article 3. – Precontractual information
3.1 The buyer recognizes having been made aware, prior to their order and conclusion of the contract, in a comprehensible and legible manner, of the present terms and conditions along with all the information listed in article L. 121-17 of the consumer code (code de la consommation).
3.2 Are transmitted to the buyer, in a clear and comprehensible manner, the following :
The essential characteristics of the product or service. – The price of the product or service – In the absence of immediate implementation of the contract, the date or delay to which the service provider abides for the delivery of the product or service, whatever its price.
The information relative to the identity, postal and email address, telephone number and activities of the service provider.
Information relative to the legal guarantees/warranties, the functionalities of the digital content and , if applicable, its interoperability, to the existence and modalities of procedures concerning guarantees and other contractual conditions.
3.3. The seller communicates to the buyer the following information :
Name or corporate name, geographical address of the building and, if different, address of the headquarters, telephone number and email address.
The methods of payment, delivery and performance of the contract, along with the methods planned by the professional regarding the treatment of reclamations.
In the advent of a sale, the existence and methods exercising the legal warranty of conformity provided by articles L.211-1 and following articles from the consumer code (code de la consommation), exercising the guarantee concerning hidden vices provided by articles 1641 s of the civil code, along with, if applicable, the commercial guarantee and after sales guarantee respectively provided by articles L. 211-15 et L. 211-19 of the consumer code.
The duration of the contract, if concluded with a determined duration, or the résiliation conditions in the case of undetermined duration contracts.
3.4. The seller indicates, with regards to the digital content :
Any relevant interoperability of this content with certain tools or softwares of which the professional has knowledge or should in reason be aware of.
3.5 By ordering a product on the website : https://lamaisonducorten.com/ the client recognizes :
– That he possess full legal capacity.
– That by ordering a product via the website, they are directly contracting with the ICCES SARL.
– That their order falls under the rules of the present Terms and conditions which the client declares to accept without any restrictions or reservations.
Any order automatically equates to the acceptance, without reservations, of the present terms and conditions.
The acceptance is in no manner submitted to the condition of a handwritten signature on the part of the client.
In accordance with the provisions of articles 1316 to 1316-4 of the civil code, it is reminded that the confirmation of the purchase order as discussed in Article 4, equates to an electronic signature, which possesses, between the parties, the same value as a handwritten signature.
Article 5 – Electronic signature
The online providing of the bank card number of the buyer and the final confirmation of the order will equate to a proof of consent on the part of the buyer : – playability of the due sums under the purchase order agreement. – Signature and express consent concerning all operations. In the event of fraudulent use of a bank card, the buyer is invited, as soon as this fraudulent use is noticed, to contact the SARL ICCES.
Article 6 – Oder Confirmation The seller provides the buyer a copy of the contract, on paper signed by the parties or, with the buyer’s consent, on another durable medium, confirming the express commitment of both parties.
Article 7 – Proof of transaction The computer registers, stored in the sellers computer systems in reasonable secure conditions, will be considered as proof of communication, order and payment between the parties. The archiving of purchase orders and bills is carried out on a viable and durable medium and may be provided as proof.
Article 8. – Information on the products The products defined by the present terms and conditions are those which appear on the sellers website and which are marked as sold or being delivered by the seller or subcontractor. They are put forward by the seller within the limits of available stocks. The products are presented and described with as much precision as possible. In the event of mistakes or omitted details concerning a description, the seller may not be held liable. Product photos are not contractual.
Article 9. – Price
The seller reserves the right to modify their prices at any moment but commits to apply the prices indicated at the time of the order, subject to availability of the product at that date. The prices are indicated in Euros. They do not comprise the delivery fees, which will be charged extra and indicated before confirmation of the order. The prices comprise the VAT applicable on the day the order is made and any change to the applicable VAT rate will be be applied to the price of the products featuring on the online shop. The totality of the price must be paid upon making the order. The sums paid can never be considered as deposits or partial payments. If one or more taxes or contributions, namely environmental, should come to be created or modified, up as down, this change will be reflected in the price of the selling item.
Article 10. – Method of payment This is an order with obligation of payment, meaning that the fulfillment of the order requires full payment by the buyer.
To pay for their order, the buyer may choose a method from the choice of methods of payment listed by the seller at https://lamaisonducorten.com/.
The buyer guarantees the seller that they possess the authorizations which may eventually be required in order to use the method of payment chosen while making the order. The seller reserve the right to suspend any treatment of the order and shipment in the advent of any refusal of payment via credit/debit card from the officially accredited organizations or in the case of non-payment. The seller reserves the right to refuse the carrying out of a delivery or honoring an order issued from a buyer who would not have partially or totally paid a previous order or with whom a litigious payment is still ongoing.
The seller has implemented a verification procedure of the bank details in order to insure no individual uses the bank details of another individual without their knowledge. As part of this verification process, the buyer can be asked to provide the seller, via email, with a copy of identification documents along with proof of address. The order will in this case only be confirmed upon reception and verification by the seller of the documents provided.
Article 11. – Availability of products – Refund – Resolution.
With the exception of cases of Force majeur or during closing periods of the online shop, which will clearly be announced on the homepage of the website, the shipping delays will be, subject to availability, those indicated below.
The shipping delays begin from the date corresponding to the registration of the order as indicated in the confirmation email for that order. For deliveries within metropolitan France, the delay is 15 to 25 working days from the day following the order by the buyer.
In the case of failure to honor the delivery within the official delay, the buyer must, before resolving the contract, urge the seller to fulfill the delivery within an additional and reasonable delay. If this new delay is not honored, the buyer may freely end the contract.
The buyer must carry out these steps via registered letters with acknowledgment of receipt or by any other durable written format. The contract will be considered resolved upon the reception by the seller of the letter or other written document informing of the resolution, unless the seller has honored their part in between times. The buyer may however resolve the contract if the dates or delays as mentioned above constitute for this party an essential condition to the contract. In this case, as the contract is resolved, the seller is required to reimburse the buyer in full, 7 days at the latest following the date at which the contract was canceled.
In the case an ordered product is unavailable, the buyer will be informed as soon as possible and will have the possibility of withdrawing their order.
The buyer will then be given the choice between asking for the full refund within 30 days following the payment and exchanging the product.
Article 12. – Delivery modalities
The delivery process extends to the transfer to the consumer of the physical possession or the full control of the goods. It is acted only upon confirmation of payment by the seller’s bank institution.
The products are delivered to the address as provided by the buyer on the purchase order, the buyer must ensure the details are correct and precise.
Any parcel returned to the sender as a result of erroneous or incomplete shipping address will be returned at the buyer’s expense.
Upon their request, the buyer may receive a bill at their billing address and not their delivery address, by choosing this option on the purchase order.
In the event of the buyer being absent at the moment of the delivery, the shipper shall leave a visit note in the buyer’s letterbox, enabling them to collect their item at the specified place during the indicated delay.
If upon delivery, the original packaging is damaged, torn, opened, the buyer must verify the state of the products. If they have been damaged, the buyer must immediately refuse the parcel and write their damage claim on the delivery receipt (parcel refused because opened or damaged) The buyer must indicated on the delivery receipt, under the form of handwritten reservations accompanied by their signature, any anomaly concerning the delivery ( damage, product missing from the order, damaged parcel, broken items…) This verification is considered to have been carried out as soon as the buyer or any person authorized by the buyer has signed the delivery receipt.
The buyer will then have to confirm, via registered letter, their reservations to the deliverer two working days following the reception of the articles at the latest and transmit a copy of this letter to the seller via email or letter to the postal address mentioned in the website’s Legal Notice.
If the products require to be sent back to the seller, the buyer must make the request directly with the seller within 7 days following the delivery. Any claims issued beyond this delay can not be accepted. The returning of the product can only be accepted for products in their original state (packaging, accessories, instructions…)
Article 14. – Transfer of risk
The transfer of property and all risks of loss or deterioration, will only be carried out after payment in full of the price by the buyer, regardless of the delivery date.
Products therefore travel at the risk of the seller, The seller will have to communicate the shipping address to the transporter. Delivery is considered carried out as soon as the ordered products have been handed over from the seller to the transporter. In these conditions, the buyer does not possess any warranty claim against the seller in the event of failures concerning the delivery of the transported merchandise.
Article 15.
Commercial guarantees
15.1 Right of return
In the event of the receiving of a non-conform product, subject to the provisions of article 5, the client is authorized to return the non-conform product within a delay of Thirty (30) days following the receiving of the product. In this regard, it is clarified that ICCES SARL does not accept any parcel addressed with postage due, and that the product must be returned in its original condition and packaging.
The client will attach a copy of the bill and return voucher transmitted by ICCES SARL, which the client will have previously required via email : sarlicces@outlook.fr
ICCES SARL will undertake a quality check regarding the non-conformity of the product, which if confirmed, will automatically lead to a refund for the benefit of the client.
This refund will be operated on the bank account used for the ordering of the product, within a thirty (30) day period following the receiving of the non-conform product by ICCES SARL. This refund will also cover the initial shipping fees if the entirety of the delivered products have been returned.
If the order is not returned in its entirety, initial shipping fees will not be refunded. Any risk related to the return of the product is at the expense of the client.
15.2 Right of exchange In the event of receiving a non-conform product, subject to the provisions of article 5, the client is authorized to exchange the non-conform product with ICCES SARL within a thirty (30) day period following receiving the concerned product.
Article 16. – Force Majeure
Any circumstances indépendant from the will of the parties, which prevent the execution of the obligations in normal conditions, are considered a cause for exemption of the obligations, thus leading to their suspension.
The party which calls upon the aforementioned circumstances must immediately make the other party aware of the occurrence of these circumstances as well as their disappearance.
Will be considered Force majeure any irresistible facts or circumstances, outside the parties, unpredictable, inevitable, independent from the will of the parties and which cannot be prevented by these parties, in spite of all the efforts reasonably possible. Will be expressly considered cases of Force majeure, other than those usually taken on by the case law of French courts and tribunals :
The blocking of the means of transportation or supply, earthquakes, fires, storms, floods, lighting, interruptions of telecommunication networks or difficulties with telecommunication networks independent from the client. The parties will exchange in order to examine the incident and convene upon the conditions in which the execution of the contract may be carried out.
If the duration of the case of force majeur exceeds 3 months, the present general terms and conditions may be terminated by the aggrieved party.
Article 17. – Intellectual property
The content of the website () remains the property of the seller, sole owner of the intellectual property rights regarding this content.
The buyers commit to not using any of this content ; Any full or partial reproduction of this content is strictly prohibited and is likely to constitute an infringement of copyright.
Article 18. – Information technologies and liberties
The nominative information gathered by the ICCES SARL within the context of of distance selling, are destined to ICCES SARL and used for the purpose of insuring Management, execution and delivery of orders as well as generating bills, treating claims and guarantees.
Information necessary for the treatment of orders will be marked by an asterisk (*).
In accordance with law n°78-17 from January 6th 1978 concerning Information technologie, Data and liberties, amended by law n°2004-81 from august 6th 2004 ( hereafter « Information technologies and liberties » law), the treatment of nominative information collected by the websites has been declared to the national commission for information technologies and liberties.
The client has the right to access, modify, rectify and delete the information concerning them.The client also has the right to object, for legitimate reasons, to the treatment of their information.
To exercise these rights, the client can, to their convenience, send a simple letter to the following address : SARL ICCES 28 Boulevard Jeanne d’Arc 02200 SOISSONS or send an email to the following : sarlicces@outlook.fr while always providing proof of identity (Full name, postal and email addresses, photocopy of a relevant identification document) – in accordance with the first paragraphs of articles 39 and 40 of the law on information technologies and liberties. ICCES SARL commits to treating these demands upon reception and without delay.
Article 19. Partial non-validity
If one or more of the provisions provided by these terms and conditions are found non valid or declared as such under the application of a law, ruling or following a definitive decision from a relevant jurisdiction, all other provisions shall remain valid and binding.
Article 20. – Non waiver agreement
The fact that one of the parties should not cal upon the failure by the other party in complying with any one whatsoever of the obligations may not be interpreted as a waiver of the obligation in question.
Article 21 – Title
In the event of difficulties in interpretation between any of the titles appearing at the head of the clauses, the titles will be declared inexistant.
Article 22. – Language of the contract
The present terms and conditions are written in the French language. In the case. of their translation in one or several languages, the French version shall be the only authoritative text in the event of a dispute.
Article 23. Mediation
The buyer may resort to conventional mediation, in particular with the consumer mediation commission or any other existing instances for sectoral mediation, or to any alternative method of dispute settlement (conciliation procedure, for example) in the event of a complaint.
Article 24. – Applicable law
The present terms and conditions are governed by the application of French law, excluding the provisions of the Vienna Convention. This applies to rules of substantive matter and procedure. In the event of a dispute or complaint, the buyer will prioritize an exchange with the seller in order to reach an aimable solution