IKUAL IKUAL’S GENERAL CONDITIONS OF SALE
Article 1 – General
The present general conditions apply to the sales of products and services made on the www.ikualfoil.com site. These general conditions of sale specify in particular the conditions of order, payment, delivery and management of the possible returns of products ordered by the customers. The fact of placing order on www.ikualfoil.com for one or several products or services and to choose and validate a method of payment during the process of order involves the preliminary consultation of the present general conditions and it acceptation, irrevocable and without reserve of the customer on the present general conditions of sale.
Consequently, the customer recognizes to be perfectly informed about the fact that his agreement concerning the contents of the present general conditions does not require the handwritten signature of this document, as far as the customer wishes to order on-line the presented products. No particular condition can, except formal and written acceptance of IKUAL, prevail over these general conditions of sale. The fact that IKUAL does not take advantage at some point of one of the capacities of the present general conditions of sale cannot be interpreted as being worth renunciation to take advantage later of the one the aforementioned capacities.
Article 2 - General description of products and services
To allow the customer to know products or services which he wishes to buy before ordering them and according to the article L 111-1 of the Code of the consumption, the IKUAL company presents on the Web site the characteristics of products and the services proposed in the sale. Besides, the customer always has the possibility of contacting IKUAL by e-mail (firstname.lastname@example.org) to obtain further information on products and presented services. IKUAL reserves the right to modify or to change without preliminary notice products or services presented in the webshop. The choice and the purchase of a product or a service are placed under the unique responsibility of the customer. The impossibility to use the product bought whatever the reason, in particular for incompatibility with the equipment already possessed by the customer cannot give rights to compensation or to cancellation of the purchase with IKUAL, unless otherwise stipulated planned in the present general conditions of sale. In case a supplier modifies a product, the graphic representation of this one would not know how to engage the responsibility of the salesman nor even to affect the validity of the sale.
Article 3 - Process of sale
For every product or proposed service, the webshop indicates the applicable price produced or service. When the customer orders a product or a service, he makes a commitment to buy the aforementioned product or the service from the price indicated on the site as it places the order.
Article 4 - Price
The sale prices of products and services appearing on the site are in Euro, inclusive of all taxes and except possible expenses of delivery. The possible expenses of delivery are chargeable to the customer and are charged in supplement of the sale price of products and possibly services. The expenses of delivery are variable according to the number and to the type of ordered products. The customer will always be informed before the definitive recording of his order of the expenses of delivery connected to his order, and the payment will be asked to the customer for the total amount of the purchase. So, the choice and the validation of a means of payment by the customer involve that this last one agrees to pay the relative expenses of delivery. The expenses of delivery cannot constitute a valid ground of questioning of the order after its definitive recording.
Article 5 – Order process
Only products and the services presented and offered on the site can be the object of a order. The customer can place order on the Web site by following the procedure of order. The past orders engage the customer in a irrevocable way. Any order spent with IKUAL will be confirmed by the sending to the customer of an e-mail of confirmation of its order. During the departure of the order of the warehouses of IKUAL, the customer will be informed by e-mail. IKUAL advises to the customers who order on the site to archive or to print a copy of the order form until reception of the definitive invoice.
Within the framework of its procedure of control and acceptance of the orders, IKUAL reserves the right to ask to the customer to supply additional documents. The order will be validated only in reception of these documents. The delivery deadline of the order to the customer can be influenced by any delay in the transmission of the information. In case of not supply of these documents, IKUAL reserves the right to cancel the order
Article 6 - Availability
The offers of products and services are proposed while stocks last. This information is updated during the opening hours. They are given as a rough guide. For the unavailable products in the warehouses of IKUAL, the offers are valid subject to availability at the suppliers of IKUAL. In this case, indications of availability of products will be supplied to the customers according to the information given regularly by the suppliers. This information resulting directly from suppliers, the errors and the modifications are independent from the will of IKUAL. In the case of an unavailability of the product, IKUAL will inform the customers by e-mail, mail or telephone as soon as possible. The customers can then ask for the cancellation or for the exchange of the order.
Article 7 - Invoicing
After validation of the order, an invoice bill is sent to the customer by e-mail.
Article 8 - Terms of payment and reassurance
The payment of the total amount corresponding to the product or services ordered, delivery fees included, will be due in full by bank card as the order of a product or a service is concluded, that is at the time of the reception of the confirmation of the order. For that purpose, during every order, the customer will have to supply the required information, such as mentioned on the site. No order will be accepted or confirmed as long as the information required for the payment will not have been communicated and validated. The on-line credit card payment is secured and coded by the system SSL. The information in touch with your order can be the object of treatments automated by data. These treatments automated by data have for purpose to define a level of analysis of a transaction and to fight against the credit card fraud. The non-data transmission in touch with your order prevents the realization and the analysis of your transaction. The emergence of an outstanding payment in the motive for a fraudulent use of a bank card will pull the registration of address and phone number coordinates with your order associated with this outstanding payment within an incidental file of implemented payment. An irregular declaration or an abnormality can also be the object of a specific treatment.
Article 9 - Non-payment
In case of non-payment, in particular because of the refusal of the bank to honor the payment or because of an opposition made by the customer on the payment, and it, before or after the conclusion of the transaction, IKUAL can cancel the sale by rights without notices nor deadline and can, if necessary, require at the expense of the customer the return of the product. IKUAL reserves in particular the right to refuse to make a delivery or to honor a order emanating from a customer who would not have settled totally or partially a previous order or with whom a dispute would be in the course of administration
Article 10 - Modalities of delivery of products
The delivery is made by the delivery of the product for the customer in the place indicated by this last one to IKUAL. The delivery of the product by the carrier or the post-office employee gives rise to the signature of a voucher of reception by the customer. The customer is invited to verify the state of the packaging of the goods in the delivery and to indicate the damage due to the carrier on the delivery slip, as well as to IKUAL, within three days
Article 11 - Delivery deadlines
The delivery deadline is a function of ordered articles and is indicated in the section delivery. The delivery deadline taken into account in the case of an order of several products by the customer is the longest noticed delivery deadline. The delivery deadline mentioned above is established only as a rough guide and is a function of possibilities of supply and of transport of IKUAL. The overtaking of delivery deadline cannot give right to financial compensations. In any event, the delivery of products and the execution of the services for the prescribed deadlines can intervene only if the customer has paid in a complete way the price that must be paid for each of the products or the services which were the object of the order as well as the corresponding transport costs and if necessary, supplies documentary evidences asked by IKUAL following the conditions described in the article 8. The order of departure is given by IKUAL after complete collection of the price of the order. In case of delay in delivery with regard to date initially fixed, the customer will have to indicate it by writing (mail, e-mail) to IKUAL, and to improve the quality of service which can be suggested to him(her) and allowing IKUAL to proceed to a investigation with the carrier. A investigation with the carrier can last until 21 working days. If during this extension,, the product is found, it will be rerouted at once in the place of residence of the customer or the addressee indicated in the order form. On the other hand, if the ordered product is not found at the conclusion of this extension of 21 days of investigation, IKUAL will proceed to its expenses in a new shipping of products ordered by the customer. In the hypothesis where the ordered product would then be more available, it will be made application of the mentioned in article 6. In case of exchange of product, the expenses of delivery will be chargeable to the consumer.
Article 12 - Errors or abnormalities of delivery
In case of abnormality or error concerning the delivery such as damages, broken products, the damaged parcel and\or in case of nonconformity of products in kind or in quality with regard to the indications appearing on the delivery slip, the customer will have to inform IKUAL about it in the following conditions the day of delivery (on the delivery slip in the form of " handwritten reserves ", accompanied with the signature of the customer, the voucher that must be put back handed to the carrier at the time of the delivery) or at the latest the first working day following the delivery with IKUAL: by e-mail at the address email@example.com In case of error of delivery or exchange, every product to be exchanged must be put back to the carrier in general and in its original packing. The product will be automatically either exchanged subject to availability or paid off if this one was not available. Any complaint which would not be made in rules defined above and within the time limits allowed cannot be taken into account and will exonerate IKUAL of any responsibility face to face of the customer. The expenses of exchange are chargeable to IKUAL, safe in case it would turn out that the (taken back product does not correspond to the statement of origin made by the customer in the voucher of return.
Article 13 - Clause of rétractation
According to articles L. 121-16 and following ones of the Code of the consumption who confer a right of retraction for the customer, this one has a deadline of 7 true days as from the day of the delivery of the product bought on the Site to return the aforementioned complete product to its original packing to IKUAL not unpacked for exchange or refund, without having to prove motives or to pay of penalties. The mentioned deadline above short as from the reception for the goods or from the acceptance of the offer for the services. When the deadline of 7 days expires a Saturday, a Sunday or a holiday or day off, it is extended until the next first working day. IKUAL will accept however the exchange and the refund of the products only if all and each of the following conditions are filled: a) the return of products must be made for the deadlines prescribed to the first paragraph of this article, the date appearing on the being valid delivery slip; b) the product must have returned to its intact original packing; c) and the product must not have been used; d) Any return by post will have to be made by registered mail with acknowledgement of receipt; otherwise the consideration of the loss of products during the transport of return cannot take place. Everything produces which will have been damaged, or whose original packing will have been damaged, will be neither paid off nor will exchange. IKUAL reserves the right to determine honest if all these conditions is filled. In reception of the product sent back by the customer, IKUAL will send by e-mail, a confirmation of reception of the aforementioned product. The refund can be made by re-credit of the bank card which will have initially been of use to the payment of the product by the customer, within 30 days maximum after the sending of the confirmation of reception of the product to the customer. The relative risks on the return to a product are in the exclusive responsibility of the customer.
Article 14 - Ownership transfer of products and transfer of risk
Ownership transfer relative to the product sold to place at the time of the delivery, the date appearing on the delivery slip proving delivery date. On the other hand, the transfer of the risks of loss and deterioration of the goods will be realized from provision to the carrier of the customer the aforementioned goods.
Article 15 - Guarantee and after-sales service of products
Except the legal guarantee for latent defects, products and spare parts sold by IKUAL are subjected to the legal guarantee of conformity statutory French as from the date of the delivery, only on the place of first delivery and to the original buyer.
The guarantee is limited to the replacement or the repair of the defective recognized products by the technical service of IKUAL. To be able to call upon the profit of the guarantee, the customer has to inform IKUAL without delay and in writing, defects which he imputes to the product and to supply any justifications as for the reality of these. He has to give to IKUAL, any ease to proceed to the observation of these defects, and to carry remedy there. Make lose quite straight ahead to guarantee, in particular, the following events: inappropriate use of the equipment, the use of spare parts not being of origin, lack or defective maintenance, inappropriate assembly, the normal wear and the discoloration. A user guide including this information is given) to the customer. In case of movement of the staff of IKUAL or for lack of that of his(her) salesman (distributor or appointed agent) on-site of the customer, expenses of all kinds as well as past, will be chargeable to the customer, except fault proved by IKUAL. In every case, it is of the responsibility of the customer to make the usual maintenances. The defects of maintenance cannot engage the responsibility of IKUAL. To be able to benefit from the guarantee, it is advisable to keep the invoice of the product, acting as guarantee bill.
Article 16 - Limitation of responsibility
Any responsibility of IKUAL for any kind of direct or indirect damage ensuing from the non-fulfillment or from the bad execution of the sale of a product or from the service can exceed on no account an amount equal to the price of the sold product or the returned service. The proposed products can be imported or made in France according to the legislation in force. However, it belongs to you to make sure of the legality of the use that you wish to make. So, IKUAL declines any responsibility in the hypothesis where the delivered product would not respect the legislation of the country of delivery. IKUAL cannot be held for responsible of the non-fulfillment of the contract in case of shortage of stock or unavailability of the product, the force majeure, the disturbance or the all-out or partial strike in particular postal services and means of transportation and\or communications. IKUAL cannot be held for responsible of any consequential damage which could arise because of the purchase of products.. It is up to the Buyer to proceed to all the necessary protections. The total or partial impossibility to use products, in reason in particular of an incompatibility of equipment cannot engage the responsibility of IKUAL nor give rise to no compensation or refund. The customer agrees to use the products according to the safety standards and instructions provided by Ikual via its website. In case of non-compliance with these instructions, Ikual will decline all responsibility in the event of litigation or damage.
Article 17 - Proof
Registers computerized, kept in the computer systems of every parties involved, in the reasonable conditions of security, will be allowed as proof of the communications, the contracts and payments intervened between the parties involved.
Article 18 – Name specific Information
The information which are asked to the customer is necessary for the treatment of its order and can be communicated to the contractual partners of IKUAL occurring within the framework of the execution of this order. The data collected on the site can be exploited by IKUAL to be able to contact the Internet users for diverse subjects, quizzes, newsletter, and answers to the questions of the Internet users as far as this one to give the acceptance. For lack of express opposition of his part, the buyer gives his consent to the use of the name specific data collected at the end of his order, in conformance with the file of clientele of the salesman, as well as to the distribution of these data to third parties, under reserve that a contractual link unites the salesman or IKUAL with these third partie. According to the law N°78-17 of January 6th, 1978 relative to the computing, to the files and to the liberties, the customer has at any time a right of access and rectification. To exercise this right he has to send his request for IKUAL.
Article 19 - Applicable Law
If for convenience of one of the parties, the text of the general conditions and\or the particular conditions was drafted in foreign language, this version would have only an informative value, only the text in French language is valid.
Of express agreement, the present conditions are governed by the French law.