IAC Paris is a simplified joint-stock company (SAS IAC Paris) whose legal representative is Christophe Bouchaud (firstname.lastname@example.org), registered with the Trade and Companies Registration Office of Nanterre (92) n ° 878 398 122 – SIRET n ° 87839812200019, n ° of intracommunity VAT: FR34878398122, whose registered office is located 10/12, Rue Paul Couderc – 92330 Sceaux – Phone: +33 (0)1 49 73 54 89. IAC Paris sells handcrafted jewels and accessories of fashion to consumers and which are marketed through its website (www.elpelicano-store.com). The list and the description of the products proposed by the Company can be consulted on the site mentioned above.
Article 1 – Application of the general terms & conditions
These general conditions of sale (“GTC”) express the entirety of the obligations of the parties. Any provision derogating from these Terms must be confirmed in writing by IAC Paris to be applicable. The Customer formalizes his acceptance of these Terms by entering the personal data required by the Site when purchasing a Product sold by IAC Paris; on this website, he confirms this acceptance by validating the explicit request for his firm commitment, before accessing the payment platform.
The order confirmation made by the Customer constitutes the electronic signature of these Terms. IAC Paris reserves the right to modify, at any time and without notice, these general conditions of sale, these modifications then being applicable to all subsequent orders. The Customer declares to have full legal capacity to engage under these terms and conditions.
Article 2 – Conclusion of the contract on line
In accordance with the provisions of Article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract electronically in order to fulfill his order:
- Information on the essential characteristics of the Product;
- Product Selection
- Indication of the personal data of the Customer (identification, email, address …);
- Acceptance of these General Conditions of Sale by checking the box mentioned;
- Verification of the elements of the order (double-click formality) and, if necessary, correction of the errors.
The confirmation of the order will entail conclusion of this contract. After payment of the Products, and delivery of the order, the Customer will receive confirmation by email of the payment of the order.
The archiving of the communications, the order and the invoices is done on a reliable and durable support so as to constitute a faithful and durable copy which can be produced as proof of the contract.
For the purpose of order fulfillment, the Customer undertakes to provide truthful identification.
Article 3 – Products
The essential characteristics of the goods and their prices are made available to the Customer on the website.
In accordance with Article L112-1 of the Consumer Code, the Customer is informed, by means of marking, labeling, posting or by any other appropriate method, of the prices and special conditions of the sale and execution of the services before any conclusion of the contract of sale. The Customer certifies to have received a detail of the delivery charges and methods of payment, delivery and execution of the contract, as well as detailed information relating to the identity of the seller, his postal, telephone and electronic data, and to its activities in the context of this sale. IAC Paris undertakes to honor the Customer’s order within the limits of the available Products inventory only. Otherwise, IAC Paris informs the Customer. If the order has been placed, and failing agreement with the Customer on a new delivery date, IAC Paris reimburses the Customer.
The parties agree that the illustrations or photos of the Products offered for sale have no contractual value.
Article 4 – Delivery
Delivery times are given as an indication but will not exceed 30 days. In the unlikely event the delivery exceeds 30 days, the Customer may, in compliance with the stipulations of Article L216-1 and following of the Consumer Code, may cancel his order and receive a complete refund of the charged items.
Any risk of loss or damage of the goods is transferred to the consumer at the moment when the latter or a third party designated by him, and other than the carrier proposed by the professional, physically takes possession of these goods.
The geographical area of delivery includes France and European countries.
Should you not accept the parcel or in case of incapacity to be able to deliver your order, due to lack of complete address and within the framework of the return parcel, the price of the delivery applied on the order will be deducted from the refund, regardless of the reason of this refusal and even if the delivery has been offered, the amount of the delivery will be deducted from the amount of the refund.
Article 5 – Availability and presentation
In case of unavailability of an item for a period exceeding 15 working days, you will immediately be notified of the foreseeable delivery times and the order of this item may be canceled upon request. The Customer may then request a refund corresponding to this item or a complete refund, resulting from the order cancellation.
Article 6 – Right of withdrawal
You may cancel or return your order from the date you place the order until 14 days. Customized Products are excluded from the right of withdrawal.
The withdrawal period expires 14 days after the day the Customer, or a third party other than the carrier and designated by the Customer, physically takes possession of the goods.
To exercise his right of withdrawal, the Customer must first and within the time indicated above, send by registered letter (or by mail: email@example.com) to IAC Paris the withdrawal form or any other declaration, unambiguous, expressing its desire to withdraw. The form (dynamic link), or this declaration, must be attached to the relevant Product.
The return of the Product must be made by the Customer within 14 days from the date of information of IAC Paris. The costs of this return are at Customer’s charge.
IAC Paris will inform the Customer, by email, of the acceptance or not of its withdrawal.
The refund will be made by the same means of payment as the one used by the Customer to pay for his purchase, within 14 working days from the receipt by IAC Paris of the Customer’s desire to withraw subject to the receipt of the Produced within this time. IAC Paris reserves the right to postpone the refund until the recovery of the Product.
Warning: some products are excluded from withdrawal for hygiene reasons such as earrings and piercings.
Any item returned damaged or not returned in its original packaging, not falling under the conditions above, can not be refunded. A depreciation allowance will be billed to the Customer if the goods have been manipulated other than those necessary for the nature and characteristics of the item. We reserve the right to refuse your return request if it does not enter our return policy for any reason.
Article 7 – Withdrawal of Order
Any order is deemed to be firm and, subject to the provisions of these general conditions of sale, may be canceled only with the express consent of IAC Paris and on conditions that will compensate it for any damage or damage caused by this cancellation.
Article 8 – Compliant
In case of delivery problem, the Customer agrees to notify IAC Paris by e-mail sent to the Customer Service by accompanying his application with a sworn statement and photocopy of his identity card. No refund will be made without these items.
Any complaint related to apparent defects or non-conformity of the delivered Product, in connection with the order, must be explicitly sent to IAC Paris with the number of his order within 5 days of receipt, accompanied by a MANDATORY photo of the given Product.
The material, object or Product can not be taken back without the express agreement of IAC Paris. Any item returned damaged or not returned in its original packaging, not falling under the conditions above, can not be refunded.
In accordance with the provisions of art. L. 611-1 and seq. of the Consumer Code, the Customer is informed that he may reach out a consumer mediator in accordance with Title I of Book VI of the Consumer Code.
In the absence of a response within two months, the client may submit the dispute to SAS MEDIATION SOLUTION (Eliane SIMON, 222 chemin de la bergerie, 01800 Saint Jean de Niost, firstname.lastname@example.org), mediator, who will try to find an amicable solution to the dispute between the parties.
In accordance with Article 14.1 of Regulation (EU) No 524/2013 of the European Parliament and the Council of 21 May 2013, you will find below the electronic link to the Online Dispute Resolution Platform (ODR):
Article 9 – Payment terms
The prices of the Products are indicated in Euros all taxes included (VAT + other possible taxes) on the order page of the Products, and excluding specific shipping costs. For all Products shipped outside the European Union and / or DOM-TOM, the price is automatically calculated free of taxes on the invoice. Any taxes or customs duties due to this purchase are the responsibility of the Customer and at is own cost (statements, payment to the competent authorities, etc.). IAC Paris reserves the right to modify its prices at any time for the future. Delivery charges are at Customer charge.
9.2. Payment methods
Payment is due immediately upon order. The Customer can pay by credit card or Paypal. Secure online payment by credit card is made by our payment provider. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by credit card is irrevocable. By giving his bank details at the time of the sale, the Client authorizes IAC Paris to debit his card with the amount relating to the price indicated. The Customer confirms that he is the legal owner of the card to be debited and that he is legally entitled to use it. In case of error, or impossibility to debit the card, the Sale is immediately resolved by right and the order canceled.
The Products remain the property of the Company until full payment of the price.
Prices are guaranteed, while stocks last.
The invoice of the Customer is published on the Site as soon as the parcel is delivered to the carrier. It is also a guarantee and is available from the Customer account.
Article 10 – Colours and measurements
We make all reasonable efforts to accurately display the attributes of our products, including their composition and colours. The colour you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours.
An item’s measurements on elpelicano-store.com are approximate values to give you a better understanding of the model or fit of that specific item, and not a definite guarantee of the actual measurements of the item you receive. The final measurements of an item may vary depending on the material used, and because of its craftsmanship.
Article 11 – Guarantee
IAC Paris assumes the legal compliance and hidden defects of the Products. IAC Paris reimburses the Customer or exchanges Products apparently defective or not corresponding to the order made. The request for reimbursement must be made under the conditions of article 8 of the GTC. IAC Paris recalls that the consumer:
- has a period of 2 years from delivery of the goods to act with the seller;
- that he can choose between replacement and repair of the product subject to the conditions provided for by the aforementioned provisions;
- that he is exempted to prove the existence of the lack of conformity of the good during the 24 months following the delivery of the good.
The consumer can also assert the guarantee against hidden defects of the product sold as per Article 1641 of the Civil Code. He can thus choose between the resolution of the sale or a reduction of the selling price in accordance with article 1644 of the Civil Code.
Article 12 – Ownership of Rights
All intellectual property rights, such as trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of IAC Paris. No assignment of intellectual property rights is carried out through these GTC. Any total or partial reproduction, modification or use of these contents for any reason whatsoever is strictly prohibited.
Article 13 – Privacy – security
IAC Paris implements all means to ensure the privacy and security of data transmitted on the web. As such, the website uses a secure payment module type SSL (Secure Socket Layer) in partnership with the Bank Postale
Article 14 – Protection of personal data
In accordance with the Regulation 2016/679 dd April 27th, 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data, IAC Paris implements a personal data processing which aims to sell and deliver Products and services defined in this contract.
The Customer is informed of the following:
- the identity and contact details of the controller and, where applicable, the representative of the controller: IAC Paris, as indicated at the top of these T & Cs;
- the legal basis of the processing: contractual performance;
- the recipients or the categories of recipients of the personal data, if they exist: the controller, his services in charge of marketing, the services in charge of computer security, the service in charge of the sale, the delivery and order, the subcontractors involved in the delivery and sale operations and any authority legally authorized to access the personal data in question;
- no transfer outside the EU is planned;
- data storage period : the time of the sales prescription;
- you have the right to request from the controller the access, correct and delete your personal data, as well as the right to request the portability of the data that you have given us; you have the right to oppose the processing of your data or to request the limitation of this processing;
- you have the right to file a complaint with a supervisory authority;
- The information requested during the ordering is necessary to the issuance of the invoice (legal obligation) and the delivery of the goods ordered, otherwise the order can not be placed. No automated decision or profiling is implemented through the ordering process.
Article 15 – Liability
It is the liability of the Customer of the Site to take all appropriate measures to protect his own data and/or software from contamination by possible viruses circulating on the Internet.
IAC Paris can not also be held responsible for any direct or indirect damage, including any loss or damage that may occur from the use or otherwise of the impossibility to access the Site, following misuse of the Customer.
The Site may contain links to other sites not managed and/or published by IAC Paris.
IAC Paris does not control in any way the information, products or services offered by these other sites and can in no way be held responsible for the content of such sites.
Article 16 – Duration
These conditions apply for the duration of the products online.
Article 17 – Force majeure
The responsibility of either party can not be sought if the performance of the contract is delayed or prevented by reason of force majeure or fortuitous event, because of the other party or a third or external causes such as social conflict, intervention of civil or military authorities, natural disasters, fires, water damage, interruption of the telecommunications network or the electricity network.
Article 18 – Severance
Each stipulation of these GTC is independent. It follows that if one of the stipulations of the present contract was canceled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parties.