Terms of sale
Member: Registration to the Member area, allowing access to the proposed sales. Access to the account, means access to the member's personal information.
Site: access to the member space and to certain sales accessible to members. Website published by IKVP and accessible at www.ik-vp.com.
Article: Products of any kind offered for sale (e-commerce service) on the Site.
User: natural person who is not a trader carrying out the Order, and who has full legal capacity.
Order: commitment to purchase all of the Items selected by the user via the Site's e-commerce service.
Site: website published by IKVP and accessible at www.ik-vp.com.
These general terms and conditions of sale (hereinafter "GTC") apply exclusively between any User and the company IKVP whose registered office is located at 309 avenue Briens 78670 Villennes sur seine. Any User may read the GTC from all the pages of the Site. The GCS are applicable without restriction or reservation to all Articles offered for sale on the Site. Any Order on the Site is subject to the prior consultation and acceptance without reservation on the part of the Customer of these GCS and the applicable prices. The validation of an Order according to the order procedure proposed on the Site implies acceptance of these GCS. These GCS prevail over any other document.
The sale of items on the site is reserved exclusively for retail sales and for individuals, members and guests.
Under no circumstances may the site be used by professional sales users, alone or in groups, regardless of how their products are marketed (internet marketplaces, shopping galleries, intermediaries, physical stores in particular). The user acknowledges and accepts therefore that the Articles can only be purchased in quantities corresponding to the average needs of a consumer, both in terms of the number of items ordered in a single order and the number of individual orders respecting the usual quantity of an average consumer placed for the same product. www.ik-vp.com reserves the right to refuse an order clearly validated by a User professional seller.
Any User declares to be informed of the lack of reliability of the Internet network, especially in terms of relative security in the transmission of data, continuity not guaranteed in access to the Site, performance not guaranteed in terms of volume and speed of data transmission and the spread of viruses.
IKVP warns each client of the need to implement a solution and security measures in their computer or portable or mobile equipment that can prevent the spread of viruses.
As the GTC may be subject to change, the applicable terms and conditions are those in force on the Site on the date your order is placed.
It is mandatory to go through the Site for all claims on the Items purchased online on the Site.
Any Order of Items via the Site requires the creation of a customer account.
4. CHARACTERISTICS OF THE ARTICLES
The Items available for sale are those listed on the Site. They are offered within the limit of the availability displayed on the Site.
IKVP reserves the right to withdraw from sale, at any time, any Item present on the Site and/or to replace or modify any information associated with the Items appearing on this Site.
In the event of unavailability of an Article, after placing an Order, the User is informed by email, and the order is then automatically cancelled.
The Items on sale on this site are only available for delivery in France and certain European countries (EU).
The characteristics of the Items sold on the Site (photographs, graphics and descriptions of the Items, etc ...) are given as an indication and may vary over time. They are non-contractual.
Only the visual of the Item displayed at the time of the Order must be taken into account by the User.
In the event of errors or omissions relating to the description of an Item, IKVP's liability is limited to the reimbursement of reasonable costs incurred by the User in returning the Item.
5. ORDERING THE ARTICLES
Any Order presupposes obligatorily the identification of the User via his Customer Account.
The User declares to be at least 18 years old and to have the legal capacity, or if he is a minor, guarantees to have a parental authorization to place his Order.
The payment of the Order shall constitute acceptance of these General Terms and Conditions of Sale, of the price of the Articles and of the content of the Order.
After validation of payment, IKVP shall send the User an e-mail confirming his Order.
All Orders are subject to IKVP's prior acceptance and shall be definitively confirmed only after receipt of payment by the User. The User will receive an e-mail inviting him/her to go to the physical sale to collect his/her Order or confirming the dispatch of the Item(s).
If the User does not receive an email following his Order, it is up to him to contact the IKVP members service by email via the email address firstname.lastname@example.org.
IKVP cannot be held liable in any way in the event of a typing error or the transmission of a typing error that does not allow the delivery of the confirmation email and/or the Items.
It is recommended that the User print out the email confirming his Order.
For any question relating to the follow-up of an Order, the User must contact the customer service by email at email@example.com.
6. ITEM PRICES
Prices are indicated on the Site in euros, all taxes included (TTC), excluding participation in processing and shipping costs.
They take into account VAT and any reductions applicable on the day of the Order.
Any new taxes or contributions, in particular environmental taxes, may be passed on to the sale price of the Articles.
The prices of the Products are exclusive of delivery costs (postage, packaging and packing according to the amounts in force). The amount of the shipping costs is specified on the Site before validation of the Order.
IKVP reserves the right to modify the prices of the Items at any time, the Items being invoiced on the basis of the rates in force at the time of validation of each Order. The price of the Items invoiced is therefore the price indicated at the time of the Order.
THE ARTICLES REMAIN THE ENTIRE PROPERTY OF IKVP UNTIL FULL PAYMENT OF THE PRICE, WHICH IS ACKNOWLEDGED AND ACCEPTED BY THE USER.
The price invoiced to the User is the price indicated in the Order confirmation sent to the User by email.
The Order is payable immediately, by credit card (CB, Visa, MasterCard).
The transactions carried out on the Site are entrusted to a secure online payment platform Ingenico Paiement.
They are secured by a solution that presents highly secure pages for entering payment data: card number, expiry date and visual cryptogram. This platform then encrypts and transmits this payment data to the bank, in complete confidentiality, making it inaccessible to a third party.
8. TERMS OF DELIVERY
The Items are delivered only in France and certain European countries (EU).
The User is offered several modes of delivery chosen by the User and at the User's expense.
The User will receive by e-mail an Order number confirming that the order has been properly taken care of.
The Articles ordered will be delivered within a maximum period of 30 days from the registration of the Order, subject to full payment of the price.
The User is informed that it is his or her responsibility to provide exactly all the details necessary for the proper routing of his or her Order and perfect delivery (Access Code, access specification for example).
If the User is absent at the time of delivery, a calling card informs the User of the terms and conditions for keeping his package and making it available, under the full and exclusive responsibility of the carrier.
Shipments are announced by e-mail to the User at the e-mail address provided by the User in his User account. A delivery note is included in the package, summarizing the Items ordered and actually delivered.
If the delivery address provided by the User is not valid and therefore leads to a return of the package for non-receipt at the address indicated, the costs of resending the package to the new address transmitted will be borne by the User.
The User assumes entirely and exclusively the risks relating to the Items from the moment of their delivery.
9. DELIVERY TIMES
The Items are delivered to the delivery address indicated by the User when placing the Order at the latest on the date indicated when placing the Order, depending on the country of delivery.
In metropolitan France, IKVP makes its best efforts to deliver the Order within a maximum period of 30 days and undertakes that delivery will be made within 7 working days from the Order.
In the event of a delay in delivery of more than 10 working days in relation to the aforementioned maximum period, the User may contact IKVP by e-mail to request cancellation of his Order within 30 working days.
The contract, and therefore the sale, shall be considered to be terminated upon receipt by IKVP of the email or letter by which the User informs IKVP of his decision, unless delivery took place between the sending and receipt of the email or letter from the User.
In the event that the Order is definitively cancelled, the User shall obtain a refund of the price paid for his Order within 30 days following the cancellation confirmed by e-mail.
In the event that the User receives the package after the cancellation of his Order, IKVP shall proceed to refund the Items and the return costs, upon receipt of all of them in their perfect original condition.
Each delivery is deemed to be made as soon as the package is made available to the User, in particular by the carrier, as evidenced by the control system used by the carrier.
If the package is damaged or if the Article does not correspond to the User's Order, the User must contact the IKVP members service by email.
In the event of delivery by a carrier requiring an appointment to be made with The User, the carrier shall contact The User as soon as possible to arrange a delivery appointment, 30 days at the latest from the date of validation of the order.
IKVP cannot be held liable for late delivery due exclusively to the unavailability of The User after several appointments have been proposed by the carrier.
If the delivery dates of several Items differ for the same Order, the delivery date shall be based on the date that is the furthest away from the Order date.
In the event of delivery of an Article that does not correspond to the User's Order, or a defect related to transport, the User may return the said Article to IKVP.
This refund procedure is exclusive of any exchange, in order to spare the User the delays and procedures of exchange procedures that may present a major inconvenience for the User.
The User may return his order to IKVP:
- If the package is damaged (and in this case, the User must refuse delivery or be given a certificate of damage by the carrier);
- If the Article delivered is different from the one ordered.
In these two cases, the User will have to return the non-compliant Article to obtain a refund of the price of his Order.
In order to benefit from the refund:
- The User must notify IKVP, at the latest within 14 days of the dispatch of his Order.
- Any claim made after this period shall not be accepted and IKVP shall be released from all liability,
- If the conditions of refund are met, the User will proceed to the return within 3 days of receipt of his order of his nonconforming Article(s), in the original packaging of the Articles, by followed fold.
Any non-compliant return (without the return slip) will be rejected and IKVP will be released from all liability. IKVP will reimburse the costs associated with the return of the Items only if the delivered Item is different from the one ordered or if the package is damaged.
Excluded from this return policy, and for reasons of hygiene and health, are items of lingerie and swimwear, and earrings.
11. RIGHT OF WITHDRAWAL
In accordance with the national and European legal provisions protecting the consumer, the User has a period of 14 clear days from receipt of his Order to exercise his right of withdrawal without having to justify his reasons or pay any penalties, with the exception, where appropriate, of the cost of return.
If the User wishes to use his right of retraction, he must make a return request by e-mail to firstname.lastname@example.org in order to be informed of the steps to follow.
All returns must be returned properly protected, in their original packaging (carefully opened packaging will not be considered as damaged packaging) and in perfect condition for resale (not damaged, unused or soiled by the Customer).
Once the return has been validated, IKVP undertakes to reimburse the User for all sums paid, excluding shipping costs, for the Order, as soon as possible and, at the latest within thirty days following the date on which this right was exercised, to the User's bank account used for payment of the Items.
In the context of the right of retraction, the costs and risks associated with the return remain the responsibility of the User.
Exception: the right of withdrawal may not be exercised in the context of an exceptional sale of lingerie or swimwear, in accordance with Article L.221-28 of the Consumer Code (Supply of goods that have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection). The products will be shipped under seal and the opening of the seal, will be worth acceptance of your purchase and delivery.
12. CUSTOMER SERVICE
For any information or question, for an order follow-up, to exercise the right of retraction or to make use of the guarantee, the User must contact the customer service by email located on the "Contact" page of the site.
The Articles are guaranteed against defects of conformity and redhibitory defects under the conditions provided for in Articles 1641 to 1649 of the French Civil Code and L 211-1 and following of the French Consumer Code, as from delivery.
Article 1641 of the Civil Code: the seller is bound by the guarantee on account of hidden defects in the item sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them.
Article 1648 paragraph 1 of the Civil Code: the action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
Article L 211-4 of the French Consumer Code: the seller is required to deliver goods in conformity with the contract and is liable for defects of conformity existing at the time of delivery. He is also liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter has been made his responsibility by the contract or has been carried out under his responsibility.
Article L 211-5 of the French Consumer Code: in order to comply with the contract, the goods must :
- Be fit for the use usually expected of a similar good and, where appropriate: correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model; present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling ;
- Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter.
Article L 211-12 of the Consumer Code: the action resulting from the lack of conformity is time-barred after two years from the delivery of the goods. This guarantee allows the Customer to return defective or non-conforming delivered Articles for reimbursement under the above-mentioned conditions.
The Customer acknowledges and accepts that the Order registration systems shall be proof of all transactions between IKVP and the Customer.
13. CONVENTION ON EVIDENCE
The Customer acknowledges and accepts that proof of acceptance of the GCS is characterised by ticking the mention "I have read and accept the general terms and conditions of sale".
To this end, the Customer acknowledges and accepts that the computerised data stored on IKVP's computer servers under reasonable conditions of security and integrity, shall be considered, in an irrefutable manner, as proof of acceptance of the terms of the GCS and proof of all transactions between IKVP and the Customer.
IKVP shall archive the Purchase Orders and invoices on a reliable and durable medium, in accordance with the provisions of article 1348 of the Civil Code and guarantees access to the Customer at any time if he so requests in accordance with the provisions of article L. 134-2 of the Consumer Code.
Consequently, except in the event of manifest error by IKVP proven by the Customer, the latter may not contest the admissibility, validity or probative force of the GCS and the content of the Order, on the basis of any legal provision whatsoever specifying that certain documents must be written or signed in order to constitute proof.
Thus, these elements constitute evidence and, if they are produced as evidence by IKVP in any litigation or other proceedings, shall be admissible, valid and opposable in the same way, under the same conditions and with the same probative force as any document that is drawn up, received or kept in writing.
At any time, the Customer may print, download and keep a copy of the GCS on paper and electronic media.
IKVP reserves the right to modify the information contained in this Site at any time and without prior notice.
IKVP undertakes to describe the Items sold on the Site as accurately as possible and to ensure that the information published on the Site is kept up to date under the best possible conditions.
However, IKVP cannot guarantee the accuracy, precision or exhaustiveness of the information made available to Customers on the Site.
In the event of non-substantial differences between the presentation photos of the Articles on the Site, texts and illustrations and the Articles ordered, IKVP shall not be held liable.
IKVP may not be held liable in the event of a breach of one of its contractual obligations resulting from a fortuitous event or a case of force majeure as defined by the case law handed down by the French courts.
In particular, IKVP shall not be held liable for any non-performance or delay in the performance of Orders caused by events beyond its control ("Force Majeure"). A Force Majeure Event includes any act, event, non-performance, omission or accident beyond the control of IKVP and includes in particular (without limitation) :
Strikes, closures or other industrial actions.
Civil unrest, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not), or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
Inability to use rail, ship, aircraft, road or other private or public means of transport.
Inability to use public and private telecommunications networks.
Acts, decrees, legislation, regulations or restrictions of any government.
Strikes, failures or accidents in maritime, postal or other transport.
The execution of the GTC will be suspended for as long as the Force Majeure Event lasts and the execution and delivery times will be extended, provided that IKVP will make every effort to put an end to the Force Majeure Event or to find a solution that will enable it to fulfil its contractual obligations despite the Force Majeure Event.
IKVP is solely liable for any direct and foreseeable damage at the time of use of the Site or the conclusion of the sales contract with the Customer, to the exclusion of any indirect damage.
15. APPLICABLE LAW, ATTRIBUTION OF COMPETENCE
In accordance with Article l.152-1 of the French Consumer Code, the user is offered the possibility of having recourse free of charge to a mediator with a view to an amicable resolution in the event of a dispute arising between the user and IKVP. The user is invited to contact IKVP to inform it of his request, so that IKVP can communicate the precise conditions of such a request for recourse to this mediation procedure.
These general terms and conditions are governed by French law. In the absence of an amicable agreement, you may bring any dispute relating to the existence, interpretation, conclusion, execution or breach of these general terms and conditions and all documents related to these general terms and conditions before the court.