PREAMBLE
These “General Conditions of Sale” are concluded between, on the one hand, the company IBACA, registered with: RCS Versailles, VAT Siret: FR3149399478400012 LVEB BP537 78005 VERSAILLES CEDEX Ci hereinafter referred to as “IBACA” and on the other hand, the persons wishing to make a purchase via the IBACA website https://lacollectionibaca.fr hereinafter referred to as “customers” These conditions relate exclusively to non-trading natural persons. The parties agree that their relations will be governed exclusively by this contract. If a condition 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.
DEFINITIONS:
The following words or expressions will have the following meaning in this document:
Internet Shop: refers to the IBACA website on which the Products are presented and sold to customers.
Order: refers to the sales contract concluded between and the customer of the IBACA Internet store.
Product sheet: designates the classified information concerning a product provided by IBACA when the said product is put up for sale in its internet store.
Products: refers to all the goods and services offered for sale by IBACA in its internet store.
Service: refers to the sale of Products by IBACA to customers of its Internet Boutique.
Transaction: designates all the operations, secure processing, authorizations and agreements inherent in the payment of the price of the Products ordered by credit card.
ARTICLE 1: OBJECT
The purpose of these General Terms and Conditions of Sale is to define the terms of sale between IBACA and its customers, from the order to the services, including payment and delivery. These general conditions of sale will prevail over all other conditions appearing in any other document, except prior, express and written derogation.
ARTICLE 2 – ACCEPTANCE OF THE CONDITIONS
The customer acknowledges having read, at the time of placing the Order, these general conditions of sale and expressly declares to accept them without reservation. These general conditions of sale govern the contractual relationship between IBACA and its client, both parties accepting them without reservation.
ARTICLE 3 – PRODUCTS
Most of the products offered by IBACA to its customers are immediately available. However, all products marketed by IBACA are subject to an “estimated number of weeks to wait”.
ARTICLE 4 – Ordered
Automatic registration systems are considered as proof of the nature, content and date of the Order. IBACA will confirm to the customer the acceptance of his Order by sending a confirmation message to the email address that the latter will have communicated. The sale will not be concluded until the said order confirmation has been sent. IBACA reserves the right to refuse or cancel any Order from a customer, in particular in the event of the said customer’s insolvency or in the event of non-payment of the Order concerned or of a previous delivery or dispute relating to the payment of a previous order. The statements indicated by the customer, when entering the information inherent in his Order, are binding on him. IBACA cannot be held responsible for errors made by the customer in the wording of the contact details of the recipient of the Order (delivery address, invoicing address in particular) and for delays in delivery or the impossibility of delivering the Products ordered that these errors could generate. Any order implies acceptance of the prices and description of the products available for sale. Any dispute on this point will take place within the framework of a possible exchange and the guarantees mentioned below. IBACA undertakes to honor orders received on the website only within the limits of available product stocks. If the product is not available, IBACA undertakes to inform the user.
ARTICLE 5 – DELIVERY
After confirmation of the Order and subject to full payment of the price of the products ordered, IBACA undertakes to ship to its customer, under its responsibility, the products ordered to the delivery address within 48 to 72 hours, working days . All Products stipulated in Orders placed with IBACA are intended for the personal use of customers or recipients whose name is mentioned at the delivery address.
WARNING !
When a product is temporarily unavailable, it may however be offered for sale. The IBACA company then undertakes to specify during the purchase (on the first order page) the delivery date of the said product. In the event of an order for several items, some of which are unavailable, the entire order will be delivered on the latest availability date. Do not hesitate to contact us for any information. If applicable, the customer agrees to pay upon receipt, all taxes, duties, taxes and other present and future charges due for the delivery of the said products themselves; the joint and several liability of IBACA cannot at any time be engaged in this respect. Customers or recipients of the Products are prohibited from any partial or total resale of the Products. Delivery will be made by post. This service is provided by La Poste. The delivery time is taken into account from the delivery of your package to La Poste. This service is billed to you at €6 for Metropolitan France. For other destinations (see Preamble), shipments are made by international registered mail. You are charged €9 for this service for EUROPE/DOMTOM and €15 for the REST OF THE WORLD. Any delays in delivery attributable to the carrier do not entitle the customer to claim damages. The Products ordered are transported at the risk and peril of the recipient. Upon receipt of the Products ordered, the customer or the recipient must check the proper functioning and/or the good condition of the goods delivered. In the event that one or more of the Products ordered are missing or damaged, the customer or the recipient must make any reservations with the carrier at the time of delivery. In the event of apparent defects, the customer has the right of return under the conditions provided. War, riots, fire, strikes, accidents and the impossibility of being supplied are considered as cases of force majeure discharging its obligation to deliver. For reasons of availability of the Products ordered, an Order may be the subject of several successive deliveries to the Customer. In the event that the customer would like the Products ordered to be delivered to two separate addresses, the latter should place 2 separate Orders.
ARTICLE 6 – PRICE
The price on the Product Sheets is expressed in euros including taxes. They take into account the VAT applicable on the day of the order. These prices are exclusive of shipping costs. If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change may be passed on to the selling price of the items present on the IBACA site. The price indicated in the Order confirmation is the final price expressed inclusive of all taxes and including VAT. This price includes the price of the Products, the costs of handling, packaging and storage of the Products, the costs of transport and commissioning.
ARTICLE 7 – PAYMENT
The price invoiced to the customer is the price indicated on the order confirmation sent by IBACA The price of the Products is payable in cash by one of the means of payment offered on the site on the day of the actual order.
ARTICLE 8 – RETRACTATION
All items can be exchanged or refunded except those marked otherwise. The refund is due within a maximum period of 7 days from the date of receipt or withdrawal of the package. In the event of exercise of the right of withdrawal, IBACA undertakes to reimburse the sums paid by the customer, free of charge, with the exception of the return costs. In this case, the customer must return the new Products in their original packaging, intact, accompanied by all possible accessories to the following address: LVEB BP 537 78005 VERSAILLES The request for exchange by the customer must be made within 15 days from the date of receipt or withdrawal of the package. In this case, the customer must return the new Products in their original packaging, intact, accompanied by all possible accessories to the following address: LVEB BP 537 78005 VERSAILLES For any exchange of size, the costs of exchange of the product are the responsibility of the customer. If the new order is for a higher amount, the customer must attach payment of the balance to the exchange request. Conversely, if the amount of the exchange is less than the initial amount, the customer will receive a check letter upon receipt of the request.
ARTICLE 9 – GUARANTEE
In any case, IBACA cannot be held responsible for non-compliance with the regulations and laws in force in the receiving country. IBACA’s liability is systematically limited to the value of the Product in question determined on the date of its sale, without the possibility of recourse to the brand or the company producing the product. In any case, the customer benefits from the legal guarantee of eviction and hidden defects provided for in articles 1625 and following of the Civil Code. The user benefits for the articles from a guarantee allowing him to return the defective articles delivered in accordance with articles L 211-4 and following of the Consumer Code. Article L211-4 consumer code The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. Article L211-5 consumer code
To be in conformity with the contract, the good must:
1º Be fit for the use usually expected of a similar good and, where applicable: – correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model ;
– present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2º Or present the characteristics defined by mutual agreement by the parties or be specific to any special use sought by the buyer, brought to the knowledge of the seller and which the latter has accepted.
The customer can contact customer service by phone (06 28 34 46 75) or by email at: bruno/@/lacollectionibaca.fr Response: 24 hours maximum
ARTICLE 10 – RESPONSABILITY
IBACA undertakes to describe with the greatest accuracy the products sold on the IBACA website. The responsibility of IBACA will, in any case, be limited to the amount of the order and cannot be blamed for simple errors or omissions which could have remained despite all the precautions taken in the presentation of the products In the event of difficulties in the application of this contract, the customer and reserve the right, before any legal action, to seek an amicable solution. Otherwise, for merchant customers, the Commercial Court of the place of residence of IBACA has sole jurisdiction, regardless of the place of delivery and the method of payment accepted. IBACA cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, external intrusion or the presence of computer viruses.
ARTICLE 11 – INTELLECTUAL PROPERTY
Subject to any rights of partners of IBACA or any other third party, Users acknowledge that the Site (including all information accessible under the Service, in particular in the form of text, photos, images, sounds, data, databases downloadable data and programs, including the underlying technology), is protected by intellectual property rights and/or other rights that IBACA owns or is authorized to use.
Users may not under any circumstances store outside the connection session, reproduce, represent, modify, transmit, publish, adapt on any medium whatsoever, by any means whatsoever or exploit in any way whatsoever, the elements of the Site. and the Site itself without the prior written authorization of IBACA.
Users must respect all notices relating to the intellectual property rights and other rights of IBACA (or third parties) on the Site and not alter, delete, modify or use them without the prior written authorization of IBACA or otherwise harm it.
ARTICLE 12 –ENTIRETY
In the event that one of the clauses of this contract is null and void by a change in legislation, regulation or by a court decision, this can in no way affect the validity and compliance with these general conditions of sale.
ARTICLE 13 – DURATION
These conditions apply for the entire duration of the online services offered by IBACA.
ARTICLES 14 – LEGAL INFORMATIONS
The information of personal information collected for the purposes of distance selling is mandatory, this information being essential for the processing and delivery of orders, the establishment of invoices and warranty contracts. The lack of information leads to the non-validation of the Order.
In accordance with the “Informatique et Libertés” law, the processing of personal information relating to customers has been declared to the National Commission for Computing and Freedoms (CNIL).
The customer has (article 34 of the law of January 6, 1978) a right to access, modify, rectify and delete data concerning him, which he can exercise with IBACA. In addition, undertakes not to communicate, free of charge or with consideration, the contact details of its customers to a third party.
ARTICLE 15 –APPLICABLE LAW
These general conditions of sale are subject to French law. The competent court in the event of a dispute will be that of the place of residence of the company IBACA.