1. Scope and Definitions
1. These General Terms and Conditions of Sale (the "GTC") apply as soon as you access the Ipanima online store at dev.ipanima.fr (the "Website") or place orders to purchase one or more products presented on the Website.
2. Any reference to "we" or "our" in the context of these GTC refers to the company AVM IMPORT, and any reference to "you" or "your" refers to you, as a user of the Website or our telephone ordering service.
3. Thank you for reading these GTC carefully before using the Website and placing your order. By accessing any part of the Website or ordering products on the Website, you agree to be bound by these GTC. The version of the GTC applicable to your order will be provided in the order confirmation email.
2. Our Contract
1. All products offered for sale on the Website are subject to availability.
2. Once finalized, your order constitutes acceptance of our offer, which means that you confirm your desire to acquire our products as described on the Website, that you accept the proposed price, and acknowledge that placing this order entails an obligation to make payment. Therefore, when you confirm your order, you agree to be bound to our company by a sales contract, subject to product availability and the validation of your payment under the conditions provided for in Article 7 below.
3. We remind you that this Website is exclusively intended for consumers. Purchases made from the Website or by phone are for your personal use, including for personal gifts, and should not be resold, used in a commercial context, or used to make a commercial profit. We reserve the right to refuse orders for multiple quantities of the same item from a single customer or destined for a single postal address.
3. Order Process
A - 100% INTERNET ORDER
1. You can select items from our range of products and place them in your "Cart" by clicking the "Add to Cart" button;
2. By clicking the "Checkout" button, you initiate the process of purchasing the products in your Cart. A page listing the products you want to buy will open. This page will indicate the reference, size, color, price, and quantity of the items you are about to purchase, and will specify the delivery methods and their cost applicable to your order, as well as any other services and options we offer;
3. By clicking "Checkout," you confirm the contents of your cart and the options you wish to retain. You will then be asked to provide us with your personal data;
4. By clicking "Continue," you will be asked to select your delivery method and provide the relevant information;
5. By clicking "Continue," you will be asked to select your payment method, provide the relevant information, and accept the terms of these T&Cs. If you do not accept these T&Cs, you will not be able to order products on the Website;
6. By clicking the "Validate your order" button, you will finalize the order for the products in the Cart;
7. Before finalizing an order, you can view and modify the details of your order at any time by returning to your "Cart".
B - ORDER CONFIRMATION
Placing your order online constitutes a sales contract between you and us, subject to the availability of the ordered products and the validity of the payment method you use.
You will automatically receive an email confirming the receipt and details of your order ("the Confirmation Email"). We recommend printing and keeping the Confirmation Email. The Confirmation Email does not constitute a confirmation of the availability of the products; it is simply an automatic acknowledgment of receipt confirming that we have received your order.
We will send you a second email, which will be the confirmation of the availability of the ordered products ("the Delivery Email"), which we also recommend printing and keeping. If none of the ordered products are available, your order will be canceled, and your credit card will not be charged. If only part of the products are available, they will be sent to you in accordance with these T&Cs, and you will only pay for the delivered products.
It is your responsibility to keep copies of the documents concerning your order (the Confirmation Email, the Delivery Email, these T&Cs, and any other useful document). Furthermore, if the amount of your order exceeds 120 euros, we will keep a copy of your order in our records for the duration provided by law. During this period, you can request a copy of your order at any time. In this case, we reserve the right to charge you the costs related to the retrieval and sending of the requested document.
4. Creating a Personal Account
INTERNET PERSONAL ACCOUNT
1. To facilitate your product orders when using the Website, we offer you the option to create a personal account. If you choose to do so, all the personal data you provide during the registration process will be stored in our customer database and will not need to be entered with each new order. They will automatically appear on the order.
2. To register, you will need to fill out the online registration form, providing the following information: your first name, last name, address, date of birth, email address, and optionally another delivery address. Once you click the "Register" button, this information will be stored in our customer database. We will use the data in accordance with our Privacy Statement which you can view here. Please ensure that the information you provide to us is accurate and complete and inform us of any changes promptly.
3. Following the registration of a personal account, you will automatically receive an email confirming that your account has been created. Your email address will serve as the identifier for your account. During the registration process, you will be asked to create your own password. You will have the option to change the password each time you log in to your account. You must keep your identifier and password confidential at all times and not disclose them to third parties. You must comply with all our security instructions and recommendations. You must also inform us immediately if you learn or suspect that your account is being used without authorization, or if your account becomes accessible to a third party. Without prejudice to our other rights and remedies, we shall be entitled, subject to prior email notification, to suspend your access to the Website without any liability to you if, in our opinion, such a measure is necessary to prevent security breaches on our Website. You will be responsible for any misuse of your identifier and password, except in cases of loss or theft, provided that you have notified us promptly at the address at the beginning of these terms.
5. Delivery of Products
1. We deliver our products worldwide. The delivery can be made either by postal service to the address you provided when placing your order or at one of the delivery points offered by our website, which you selected during your order.
2. The estimated delivery times are: one (1) to three (3) business days (excluding Saturdays, Sundays, and holidays) from the date of sending the Delivery Email for Express Delivery and Delivery at one of the selected relay points during your order, two (2) to three (3) business days (excluding Sundays and holidays) from the date of sending the Delivery Email for standard delivery, and three (3) to four (4) business days (excluding Saturdays, Sundays, and holidays) from the date of sending the Delivery Email for delivery abroad.
The delivery time may be slightly longer when the products need to be delivered to areas with difficult access. We will do our best to deliver the ordered products within the timeframe indicated in the Delivery Email.
For deliveries to a delivery point, an email or SMS will be sent to you upon arrival of your package at the delivery point of your choice. From the day of delivery, you will be able to pick up the package within nine (9) days upon presentation of an identity document. After this period, unclaimed packages will be returned to us.
3. Although we make every effort to deliver your products within the specified deadlines above, the delivery dates are only estimates, they are not guaranteed, and they cannot be invoked against us. However, the maximum period of thirty (30) days from the date of receipt of the Delivery Email is guaranteed.
4. In the event that we are unable to meet the initially planned delivery time indicated in the Delivery Email, we will inform you as soon as possible, indicating at the same time a new estimated delivery time, without incurring any liability towards you. It is specified, however, that you may cancel your order if the total delivery time exceeds thirty (30) days. To cancel your order, you must send us an email via the contact form here. We will then credit the credit card or PayPal account used to place the order within fourteen (14) days of receiving the email notifying its cancellation.
5. If you have not received your order within the specified deadlines, please first check with the staff at your post office to see if they have your package. If they confirm that they do not have your products, please contact us and we will do our best to assist you. All delivery times may be subject to delays due to seasonal or peak activity periods, weather conditions, or unforeseen circumstances, but we will do our best to send you your order within the indicated timeframes. During these exceptional periods of peak activity (e.g., sales, Christmas) or particularly unfavorable weather conditions, we would appreciate it if you could give us one more day before contacting us.
Please note that the carrier will require a signature upon delivery and will not hand over the products without a signature.
6. If you order a large number of products, we may be required to deliver your products in multiple shipments. If more than one delivery is necessary, you will be notified in advance.
7. We draw your attention to the need to check the overall condition of your package upon receipt. You will be responsible for the package and its contents once it has been handed over to you. In case of any issues (opened package, empty package, damaged contents), you must refuse the package and contact our Customer Service to report the issue and the reason for refusal. Please note that in case of missing items without a documented claim, Ipanima cannot be held responsible, and we cannot guarantee a refund.
8. Your order will be sent to the delivery address you provided when placing your order. We cannot be held responsible if this delivery address is incorrect or incomplete.
6. Prices and Shipping Fees
1. All prices displayed on the Website include Value Added Tax (VAT) at the legal rate applicable on the date of invoicing.
The prices listed on the Website are in euros and do not include shipping fees. Despite all our efforts, it may exceptionally happen that products listed on the Website have an incorrect price. If the exact price of a product is lower than the listed price, we will charge you the lower price and send you the product. If the exact price of a product is higher than the listed price, we will charge you the listed price, unless it is trivial and obviously incorrect, in which case we will contact you to obtain your instructions, or we will cancel your order and inform you of such cancellation.
Our shipping fees are calculated based on the total weight of your order, the delivery location, and the chosen delivery method.
2. We reserve the right to add additional charges for deliveries made in certain hard-to-reach areas. If additional charges apply to your order, you will be informed during the "Payment" step before placing your order.
7. Payment and Default Payment
1. Payment for your products must be made by credit card, American Express, or Paypal, as indicated on the payment page.
2. The full payment, including shipping costs and any additional fees for services you have ordered, will be charged to your credit card or Paypal account after checking the availability of the ordered products, at the time or shortly before the products are shipped to you. We will only deliver the products if your payment is successful.
3. You confirm that the credit card used is yours. All credit card holders are subject to validation checks and authorization by the card issuer. If your card issuer refuses to authorize the payment, we reserve the right to refuse the delivery of your order and will not be responsible for any delay or non-delivery. We will send you an email to inform you of the refusal.
4. Your banking information will be processed securely, in accordance with our Privacy Policy, which you can view by clicking here.
8. Invoicing
If we choose, or are required by applicable law, to issue or provide an invoice, we reserve the right to issue or provide electronic invoices, and you accept this method of invoicing.
9. Right of Withdrawal
1. You can only return products purchased directly on the Website. If you purchase Ipanima products from a retail store, another website, or any other point of sale, the products must be returned to the store or website where they were purchased. We reserve the right to refuse the return of goods that have not been returned in accordance with the provisions set out in this Article 9, and we may ask you to pay the transport costs for the return of each item to the specified delivery location.
2. If, for any reason, you are not satisfied with our products or wish to cancel your order, you can exercise your right of withdrawal no later than fourteen (14) days after receiving your order, and you will be refunded in accordance with the provisions of this article, provided that:
a- the products are returned in packaging suitable for transportation to the address mentioned on the return form,
b- the products are in their original condition with the label attached to the product, without being damaged, stained, washed, modified, or worn (except for fitting), and include the original packaging and any accessories related to the products, such as packaging or user manuals, as well as the original invoice. If the withdrawal period of fourteen (14) days expires on a Saturday, Sunday, or public holiday, this period is extended until the next working day.
For any purchase made on our Website, withdrawal requests, regardless of the delivery method, must all be sent to us via the form included in your order, or by any other means of your choice explicitly expressing your desire to withdraw.
3. In accordance with the provisions of Article L 221-24 of the Consumer Code, we will refund the price of the products in your order as well as any standard shipping costs (even if you have chosen express delivery), by crediting the means of payment used for your initial order. We will make this refund as soon as possible and no later than fourteen (14) days after receiving the goods you have returned to us.
4. You will not be able to exercise your right of withdrawal for products that do not comply with the requirements of paragraph 2, particularly in terms of hygiene.
5. We ask you to take care of the products while they are in your possession and to return them to us at the address provided herein (depending on the selected delivery or collection method), without undue delay and no later than fourteen (14) days after exercising your right of withdrawal. Please be aware that if you do not take care of the products, or if you do not return them to us in accordance with the conditions set out in this article, you will not be able to claim a refund for the products.
10. Warranties
1. You are entitled to the warranties listed in this Article 10 only to the extent that the products were purchased directly on the Website.
2. You are entitled to the following legal warranties:
The legal warranty of conformity (articles L.217-4 and following of the Consumer Code),
If your products are non-compliant (for example, if they do not match the description given on the site or your order), you have a period of two years from the delivery of the goods to contact our Customer Service by email via the contact form here, or by postal mail at the following address: AVM IMPORT, 89 Rue Daniele Casanova, 46000 CAHORS, France, and return the non-compliant products to us. We will then send you replacement products, when available. If we are unable to replace the non-compliant products within thirty (30) days, you may:
- request a full refund for the non-compliant products or
- keep the non-compliant products and request a price reduction, which will be determined on a case-by-case basis.
3. You are exempt from providing proof of the existence of the conformity defect of the product during the six (6) months following the delivery of the goods. This period will be extended to twenty-four (24) months from March 18, 2016.
4. This legal warranty of conformity applies regardless of any commercial warranty that may have been taken out and regardless of the nature of the product.
5. The legal warranty against hidden defects (articles 1641 and following of the Civil Code). If you manage to prove the hidden defect of a product, we are legally obliged to repair all the consequences of such a hidden defect (articles 1641 and following of the Civil Code). You can then choose between canceling the sale or a price reduction (in accordance with article 1644 of the Civil Code).
6. In case of product replacement or refund, we will cover the return costs of the products.
11. Your Personal Information
1. By providing information on the Website or by phone, you guarantee that you are using your real identity and that all provided information is true, accurate, up-to-date, and complete at the time you provide it to us.
2. If you find that one or more of the transmitted information is incorrect or no longer valid, you must modify it. Otherwise, we cannot be held responsible for any consequences that may result.
3. The personal information you provide to us using the Website or our telephone service will be recorded and used only in accordance with our Privacy Protection Declaration, which can be viewed by clicking here.
4. By placing an order, you agree and understand that we will be entitled to store and process your personal data. We fully respect the privacy of individuals who visit and use this Website or our telephone ordering service.
12. Liability
1. We will not be liable for any losses or damages you may incur if such losses or damages result from a force majeure, are attributable to the unforeseeable and insurmountable act of a third party, or are attributable to you.
2. In the event of your failure to comply with these Terms and Conditions, we will send you a notice to remedy. If this notice remains ineffective after a period of fifteen (15) days, we may, at our discretion, deny you access to the Website, delete your account, or refuse your future orders.
13. Availability and Use of the Website
1. The Website is provided to you as is. We do not guarantee, in particular, that the Website will be available without interruption 24 hours a day and in full operation. For example, access to the Website may be interrupted without notice in case of technical problems or for maintenance reasons.
2. It is your responsibility to protect your computer. We will not be liable for any damage that may be caused to your computer, or for the loss of data that may result from the use of the Website.
3. Customer service takes your orders by phone from Monday to Friday from 9 am to 5 pm at +33.(0)5.65.22.21.18.
14. Comments and Complaints
1. We encourage you to provide feedback on our service so that we can continually improve. Our goal is to address issues promptly and fairly. Thank you for informing us of any comments, questions, or complaints via email to our Customer Service through the "Contact Us" section on the Online Store (here). You can also call us at the following number +33.(0)5.65.22.21.18. If you wish to file a complaint, please state it clearly. Our aim is to respond to your complaint within seven (7) working days, either by providing a solution or by informing you of the process for handling your complaint.
2. Dedicated platform of the European Commission for online dispute resolution: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN
15. Intellectual Property Rights
1. Your use of the Website does not grant you any intellectual property rights over the Website and its content. You have no rights over our creations protected by copyright, our designs, and our trademarks, nor those belonging to third parties.
2. We provide you with the Website solely for personal and non-commercial use. The content of the Website may not be used for any other purposes without our express written permission.
16. Service Modification or CGV Modification
We reserve the right to make changes to our Website and these CGV at any time. Your use of the Website and your orders will be subject to the CGV in effect at the time of your use of the Website or your order of products, unless a change in these CGV is required by law or by a government authority (in which case this change will also apply to all orders you have already placed).
17. Non-Waiver
Failure by either party to enforce any provision of these Terms shall not be construed as a waiver of any provision or right.
18. Final Provisions
1. These Terms are governed by French law.
2. If any provision of these Terms is found to be invalid or unenforceable for any reason, such provision shall be deemed separable from the remainder of the Terms and shall not affect the validity and enforceability of the remaining provisions.
3. Ipanima is registered trademark owned by AVM IMPORT SARL.
19. Legal Information
1. The Website is published by AVM IMPORT SARL, with its registered office at 89 Rue Daniele Casanova, 46000 CAHORS, France, registered with the Trade and Companies Register of Cahors under number 501423081, phone +33.(0)5.65.22.21.18, fax +33.(0)5.65.21.24.06.