TERMS AND CONDITIONS OF SALE



These Terms and Conditions (herein after "Terms") apply to all purchases made by a user / person (herein after  the "Customer") on the website ikian.fr (herein after "SITE") to IKI, LLC registered in the commercial register and PARIS under number 412 056 616, having its registered head office 23 RUE DES BLANCS MONTEAUX 75004 PARIS, France Tel: 0140278805 Fax: 0140278805, email: sales @ ikian.fr (herein after "SELLER").



IMPORTANT
Any order placed on the WEBSITE necessarily implies the unconditional acceptance by the CUSTOMER of these terms of sale.

Article 1.     Definitions


The terms  used in these Terms and Conditions,have the following meanings:

  • "CUSTOMER" means the contracting partner of the SELLER, who guarantees to have the quality for the consumer as defined by French law and jurisprudence. As such, it is expressly provided that the CUSTOMER is outside any usual or business activities with the SELLER.
  • "Delivery" means the first presentation of the PRODUCTS ordered by the Customer at the delivery address when ordering.
  • "PRODUCTS" means all products available on the site.
  • "TERRITORY" means  Metropolitan FRANCE (excluding DOM / TOM).

Article 2.    Purpose


These Terms and Conditions govern the sale of the PRODUCTS by the SELLER to its CUSTOMERS.

The CUSTOMER is clearly informed and agrees that the site targets consumers only. Professionals should contact the sales department of the SELLER to benefit from separate contractual conditions.


Article 3.    Acceptance of general conditions


The Customer agrees to carefully read these Terms and agree to before proceeding to payment of a PRODUCT order placed on the WEBSITE.

These Conditions are referenced at the bottom of each page of the site through a link and must be consulted before ordering. The CUSTOMER is invited to carefully read, download, print the Terms and keep a copy.

The SELLER advises the CUSTOMER to read the Terms and Conditions for each new order, the latest version of these Terms are applicable to all new PRODUCTS control.

By clicking on the first button to place the order and then the second to confirm the said order, the CUSTOMER acknowledges having read, understood and agreed to the Terms without limitation or condition.

Article 4.     Purchase of goods on the site


To buy a PRODUCT, the CUSTOMER must be at least 18 and have the legal capacity or, if a minor, be able to justify the agreement of their legal representatives.

The CUSTOMER will be invited to provide information to identify themselves by filling in the form available on the site. The sign (*) indicates required fields that must be filled in for the order to
be processed by the SELLER. The CUSTOMER can check the site for the current up date of his order. Tracking DELIVERIES may, where appropriate, be made using the online tracking tools for certain carriers. The Customer may also contact the sales department of the SELLER at any time by email, at sales@ikian.fr to obtain information about the status of his order.

The information that the CUSTOMER  provides the SELLER with an order must be complete, accurate and current. The SELLER reserves the right to ask the CUSTOMER to confirm, by appropriate means, their identity, eligibility and information provided.

Article 5.     Controls

         Article 5.1 Product Features



The SELLER endeavors to present as clearly as possible the main characteristics of the PRODUCTS (on the fact sheets available on the site) and compulsory information that the CUSTOMER shall receive under the applicable law (in these Terms and Conditions).

The CUSTOMER agrees to read this information carefully before placing an order on the site.


The SELLER reserves the right to modify the selection of the PRODUCTS available on the site, including the constraints related to its suppliers.

Unless expressly stated otherwise on the site, all the PRODUCTS sold by the SELLER are new and comply with European legislation and standards applicable in France.

         Article 5.2.     Ordering process



The orders are directly passed to the site.
To place an order, the Customer must follow the steps below (please note however that depending on the CUSTOMER start page, the steps may vary slightly).

                  5.2.1.     Selecting PRODUCTS and purchase options



The CUSTOMER must select  the PRODUCT (s) of their choice by clicking on the  PRODUCT (s) concerned and choosing the characteristics and quantities desired. After selecting the PRODUCT it is placed in the basket of the CUSTOMER. The latter can then add to the basket as many items as he wants.

                  5.2.2.     Orders



Once selected the items are placed in the basket, the CUSTOMER  must click the basket and check that the content of the order is correct. If the CUSTOMER has not yet done this, they will then be asked to identify themselves or to register.

Once the Customer has validated the contents of the basket and it is recognised / registered, there will appear an online form completed and automatically summarizing the price, applicable taxes and, where applicable, delivery costs.

The CUSTOMER is invited to check the content of the order (including the amount, characteristics and references of PRODUCTS ordered, billing address, payment method and price) before validating its content.

The CUSTOMER can then make payment for the GOODS by following the instructions on the site and provide all necessary information  for billing and DELIVERY. Regarding the PRODUCTS for which options are available, these specific references appear when the right options have been selected. Orders must include all necessary information to process the order.

The CUSTOMER must also select the delivery method chosen.


                  5.2.3.    Acknowledgment



Once all the steps described above are completed, a page appears on the site in order to acknowledge receipt of the order of the CUSTOMER. A copy of the acknowledgment of the order is automatically sent to the CUSTOMER by email, provided that the email address provided through the registration form is correct. .

The SELLER does not send a confirmation of an order by post or fax.

                  5.2.4.    Billing


During the ordering process, the Customer shall enter information necessary for billing (the sign (*) indicate required fields that must be filled in for the CUSTOMER's order to be processed by the SELLER).

The CUSTOMER must state clearly all the information relating to the delivery, in particular the exact DELIVERY address as well as any access code to the DELIVERY address.

THE CUSTOMER must then specify the chosen payment method.

Neither the order that the CUSTOMER sets online or acknowledgment of the order that the SELLER emails the CUSTOMER will constitute an invoice. Whatever the method of payment used, the CUSTOMER will receive the original invoice with the PRODUCTS, inside the package.

         5.3.  Date of the order



The order date is the date on which the SELLER acknowledges online ordering. The times indicated on the site begin to run from that date.

         5.4. Price



For all the PRODUCTS  found on the site the prices are in euros all taxes included, and applicable shipping costs (depending on package weight including packaging and gifts, DELIVERY and address of the carrier or transportation method selected).

Prices include tax (VAT) at the rate in effect on the date of the order. Any change in the applicable rate may impact the price of the GOODS after the effective date of the new rates.

The applicable VAT rate is expressed as a percentage of the value of sold PRODUCTS.

The SELLER's suppliers prices are subject to change. Consequently, the prices listed on the site may change. They can also be modified in case of special offers or special sales.

Prices are valid, except for mistakes. The applicable price is that indicated on the site at the date the order is placed by the CUSTOMER.

         5.5.    Availability of PRODUCTS


Depending on the PRODUCT concerned, the SELLER applies a tight management inventory. Therefore, the availability of a product depends on the SELLER's stock.


The SELLER agrees to fulfill orders received provided that the PRODUCTS are available.


The unavailability of a PRODUCT is normally indicated on the page of the PRODUCT in question. CUSTOMERS may also be informed of a restocking of a PRODUCT by the SELLER.

In any event, if the unavailability was not specified at the time of the order, the SELLER shall promptly inform the CUSTOMER if the PRODUCT is unavailable.

The SELLER may, at the request of the CUSTOMER:
Either offer to ship all PRODUCTS simultaneously as soon as the out of stock  GOODS  are available again, or make a partial shipment of the PRODUCTS in stock, then shipping the rest of the order when other PRODUCTS are available, subject to clear information about the additional transport costs which may be incurred,

Or propose an alternative PRODUCT of equivalent quality and price, acceptable to the CUSTOMER.

If the Customer decides to cancel the unavailable PRODUCTS ordered, all payment for the unavailable goods will be refunded no later than thirty (30)days of payment.

Article 6.    Right of withdrawal



The terms of the right of withdrawal are provided in the "Cancellation policy" available in Annex 1 of these and accessible at the bottom of each page of the site via a hyperlink.

Article 7.    Payment

         7.1. Methods  of payment


The CUSTOMER can pay for the PRODUCTS posted on the site following the methods proposed by the SELLER.


The CUSTOMER  guarantees that the SELLER  holds all the authorizations required to use the chosen method of payment.

The SELLER shall take all necessary measures to guarantee the security and confidentiality of data transmitted online through the online payment on the site.

It is in this regard clarified that all payment information provided on the site is transmitted to the bank's site and not processed on the website.

         7.2. Payment date



With a single payment by credit card, the account will be debited when the CUSTOMER PRODUCTS order is placed on the WEBSITE.

In cases of partial delivery the total amount will be debited at the earliest when the first package is sent.. If the Customer decides to cancel the order for unavailable PRODUCTS the refund will be in accordance with the last paragraph of Article 5.5 of these Terms and Conditions.

         7.3. Delay or non-payment



If the bank refuses to debit a card or other payment method, the Customer must contact the Customer Service of the SELLER to pay the order by any other valid means of payment.

In the event that for any reason whatsoever, opposition, rejection or other transmission of the flow of money owed by the CUSTOMER is not feasible, the order will be canceled and the sale automatically terminated.

Article 8.     Proof and Archiving



Any contract with the CUSTOMER corresponding to an order of an amount greater than 120 euros will be archived by the SELLER for a period of ten (10) years in accordance with Article L. 134-2 of the Consumer Code.


The SELLER agrees to archive this information to monitor the transactions and produce a copy of the contract at the request of the CUSTOMER .

In case of dispute, the SELLER will have the opportunity to prove that his electronic tracking system is reliable and that guarantees the integrity of the transaction.

Article 9.    Transfer of ownership



The SELLER remains the owner of the PRODUCTS delivered until full payment by the CUSTOMERS.


The provisions above shall not prevent the transfer to the CUSTOMER at the time of receipt by him or a third party designated by him other than the carrier, the risk of loss or damage of PRODUCTS subject to reserve property, and the risks of damage they can cause.

Article 10.    Delivery


PRODUCT DELIVERY of terms are provided in the "politics of delivery" given in Annex 2 of these and accessible at the bottom of each page of the site via a hyperlink.

Article 11.     Packaging


The PRODUCTS will be packed in accordance with current transport standards, to ensure maximum protection for the GOODS during DELIVERY. CUSTOMERS undertake to respect the same standards when returning PRODUCTS as provided in Appendix 1 'withdrawal policy.

Article 12.    Guarantees



         12.1. Guarantee of conformity



The SELLER is obliged to deliver a consistent PRODUCT that is to say, specific to the use expected of a similar good and matching the description given on the site. This compliance also means that the PRODUCT present the qualities that a buyer can reasonably expect given the public statements made by the SELLER, including in advertisements and on the labels.

In this context, the SELLER is likely to meet compliance defects existing upon delivery and the lack of conformity resulting from the packaging, instructions for assembly or installation when it was put to him or was carried out under his responsibility.

The action resulting from lack of conformity lapses two (2) years from the issue of the PRODUCT.

In case of non-compliance, the CUSTOMER may request the replacement or repair of the PRODUCT, as their option. However, if the cost of the choice is manifestly disproportionate to the other possible option, given the value of the PRODUCT or the importance of the defect, the SELLER may make repayment without following the option chosen by the customer.

In the event that a replacement or repair is not possible, the SELLER shall refund the price of the PRODUCT within 30 days of receipt of the returned PRODUCT in exchange for returning the PRODUCT by the CUSTOMER at the following address 23 RUE DES BLANCS MONTEAUX  75004 PARIS.


Finally, the CUSTOMER is offered to prove the existence of the lack of conformity of the PRODUCT during the six (6) months after delivery of the goods.

It is stated that this legal guarantee of conformity is applicable irrespective of the commercial guarantee granted, if any, on PRODUCTS.

         12.2. Guarantee hidden defects



The SELLER is obliged to guarantee in respect of hidden defects of the PRODUCT sold that make it unsuitable for the intended use, or that decrease this use that the CUSTOMER  would not have acquired, or would have paid in a lower price if he had known.

This guarantee allows if the CUSTOMER can prove the existence of a latent defect to choose between reimbursement of the PRODUCT price if returned and reimbursement of part of the price, if the PRODUCT is not returned.

In the event that a replacement or repair is not possible, the SELLER shall refund the price of the PRODUCT within 30 days of receipt of the returned PRODUCT in exchange for returning the PRODUCT by the CUSTOMER at the following address 23 RUE DES BLANCS MONTEAUX  75004 PARIS.

The action resulting from latent defects must be brought by the Customer within two (2) years from discovery of the defect.

Article 13.    Responsibility



The responsibility of the SELLER shall in no circumstances be held liable for non-performance or improper performance of contractual obligations due to the CUSTOMER, especially when entering the order.

The SELLER shall not be held liable or deemed to have breached these for any delay or failure when the cause of the delay or failure was due to a force majeure as defined by case law cases and french courts.

It is also specified that the SELLER does not control the websites that are directly or indirectly related to  the SITE. Accordingly, it excludes all liability for information published there. The links to third party web sites are provided for information only and no warranty is given as to their content.

Article 14.     Personal data



The SELLER collects personal data about its customers on the including through cookies. CUSTOMERS can disable cookies by following the instructions provided by their browser.


The data collected by the SELLER is used to process orders placed on the site, manage the account of the CUSTOMER, analyze orders and if the CUSTOMER  has chosen this option, send them sales prospecting emails, newsletters, promotional offers and / or information about special sales, unless the CUSTOMER  wishes to receive such communications from the SELLER.

The data of the CUSTOMER is confidentially maintained by the SELLER in accordance with its declaration to the CNIL for the purposes of the contract, its execution and in compliance with the law.

CUSTOMERS may unsubscribe at any time by accessing their account by clicking on the hyperlink for this purpose to delete every offer received by email.

Data can be communicated in whole or part, by service providers the SELLER involved in the order process. For commercial purposes, the SELLER may transfer to its business partners the names and details of its CUSTOMERS, provided that they have given their prior consent when registering on the site.


The SELLER specifically instruct The CUSTOMERS if they want their personal data to be disclosed. CUSTOMERS may change their mind at any time on site or by contacting the SELLER.

The SELLER may also ask its CUSTOMERS if they wish to receive commercial offers from its partners.

In accordance with Law No. 78-17 of 6 January 1978 relating to data files and freedoms, the Customer has a right to access, rectify, oppose (for legitimate reasons) and delete personal data. He can exercise this right by sending an email to: sales@ikian.fr  or a letter to 23 RUE DES BLANCS MONTEAUX 75004 PARIS.


It is stated that the Customer must prove his identity, either by scanning an ID or by sending the SELLER a photocopy of his identity card.

Article 15.     Complaints



The SELLER shall provide the CUSTOMER a "Phone Service" at the following number: 0140278805 (no premium rate ).

Any written complaint by the CUSTOMER must be sent to the following address: 23 RUE DES BLANCS MONTEAUX  75004 PARIS.

Article 16.     Intellectual property



All the visual and sound elements of the site, including the underlying technology used, are protected by copyright, trademark law and / or patents.

These elements are the exclusive property of the SELLER. Any person who publishes a website and wants  to create a hyperlink directly to the site must request the authorization from the SELLER in writing.


This authorization of the SELLER shall in no case be granted permanently. This link must be removed at the request of the SELLER. Hypertext links to the site using techniques such as framing  or by inserting hyperlinks (inline linking) is strictly prohibited.

Article 17.     Validité des Conditions Générales



Toute modification de la législation ou de la réglementation en vigueur, ou toute décision d'un tribunal compétent invalidant une ou plusieurs clauses des présentes Conditions Générales ne saurait affecter la validité des présentes Conditions Générales. Une telle modification ou décision n'autorise en aucun cas les CLIENTS à méconnaître les présentes Conditions Générales.

Toutes conditions non expressément traitées dans les présentes seront régies conformément à l'usage du secteur du commerce aux particuliers, pour les sociétés dont le siège social se situe en France.

Article 18.     Modification of Terms


These Conditions apply to all purchases made online on the site, as the site is available online.

The Terms are dated accurately and may be modified and updated by the SELLER at any time. The applicable Terms are those in force at the time of the order.

Changes to Terms and Conditions shall not apply to previously purchased PRODUCTS.

Article 19.    Jurisdiction and applicable law



These Conditions and the relationship between the CUSTOMER  and the SELLER shall be governed by French law.

In case of dispute, the French courts will have jurisdiction.

However, before any recourse to arbitration or state judge, be privileged to trade in a spirit of loyalty and good faith to reach an amicable agreement on the occurrence of any dispute relating to this contract, including its validity.

The party wishing to implement the negotiation process must inform the other party by registered letter with acknowledgment of receipt stating the elements of the conflict. If after a period of fifteen (15) days, the parties were unable to agree, the dispute shall be submitted to the competent court hereafter.

Throughout the negotiation process until its conclusion, the parties shall not pursue any legal action against each other and the object of conflict negotiation. Exceptionally, the parties are permitted to enter the jurisdiction of the Court or to request the issuance of an order on request. Possible action before the court hearing the application or the implementation of a procedure query results to the parties any waiver of the amicable arrangement clause unless otherwise expressly desired.


ANNEX 1

RETURN POLICY



Cancellation principle

The CUSTOMER has in principle the right of return or return the PRODUCT to the SELLER or a person designated by the latter, without undue delay and no later than fourteen (14) days of notification of its decision to withdraw, unless the SELLER has offered to collect the PRODUCT himself.

Withdrawal  period

The withdrawal period shall expire fourteen (14) calendar days after the day the CUSTOMER or a third party other than the carrier and indicated by the CUSTOMER has physical possession of the PRODUCT.

In case the CUSTOMER  has ordered several PRODUCTS via one order leading to several DELIVERIES (or in the case of an order of a single PRODUCT delivered in several batches), the withdrawal period shall expire fourteen (14) calendar days after the day the CUSTOMER or a third party other than the carrier and indicated by the CUSTOMER , has physical possession of the last PRODUCT delivered.

To exercise their right of withdrawal, the Customer must notify their decision to withdraw from this contract by an unequivocal statement to: 23 RUE DES BLANCS MONTEAUX  75004 PARIS or sales@ikian.fr.


It can also use the form below:

FORM OF WITHDRAWAL
For the attention of [*] (* Contact the SELLER)

SELLER telephone number *:
SELLER fax number *:
E-mail address * SELLER:

I notify you hereby my withdrawal from the contract for the sale of the PRODUCT below:

PRODUCT Reference
No invoice:
No purchase order:
- Ordered on [____________] / received [________________]
- Means of payment used:
- Name of the CLIENT and possibly the recipient of the order:
- CUSTOMER address:
- Delivery address :
- Signature of the CUSTOMER (except in case of transmission by email)
- Date


In order for the withdrawal period is complied with, the Customer must send its communication on the exercise of the right of withdrawal before the expiration of the withdrawal period.


Effects of withdrawal

In case of withdrawal by the CUSTOMER the SELLER agrees to refund the full amount paid,  without undue delay and in any event, no later than fourteen (14) days the day the SELLER is notified of the will of the CUSTOMER to retract.

The SELLER will refund using the same means of payment as the CUSTOMER has used for the initial transaction, unless the CUSTOMER  expressly agrees to a different method, in any event, this reimbursement does not incur any fees to the customer.

The SELLER may withhold the reimbursement until receipt of the goods or until the Customer has provided evidence of shipment of the goods, whichever is the earliest of these facts.


Return Policy 

The CUSTOMER must without undue delay and in any event, no later than fourteen (14) days of notifying his decision to withdraw from this contract, return the goods,: 23 RUE DES BLANCS MONTEAUX 75004 PARIS.

This deadline is met if the CUSTOMER returns well before the end of the fourteen day period.

Return fees 

The CUSTOMER  will have to bear the direct cost of returned goods.

State of the returned PRODUCTS 

The PRODUCT must be returned following the instructions of the SELLER and include in particular all delivered accessories.

The responsibility of the CUSTOMER is engaged only in respect of the depreciation of property resulting from the handling other than necessary to establish the nature, characteristics and functioning of this PRODUCT. In other words, the CUSTOMER  has the ability to test the PRODUCT himself but could be held liable if he performs procedures other than those necessary to the PRODUCT.


Packaging

The PRODUCTS are packed in accordance with current transport standards, to ensure maximum protection for the GOODS during DELIVERY. The CUSTOMER must follow the same standards when returning PRODUCTS. As such the CUSTOMER  is asked to return the PRODUCT in its original packaging and in good condition, ready for re-marketing.


Withdrawals of exclusions

The right of withdrawal is excluded in the following cases:

  • Provision of goods or services whose price depends on fluctuations in the financial market
  • Supply of goods made to specifications or clearly personalized for the CUSTOMER
  • Provision of goods liable to deteriorate or expire rapidly
  • Providing audio or video recordings or sealed computer software which were unsealed after delivery
  • Newspaper, periodical, magazine (except subscription contract)
  • Provision of accommodation other than for residential purpose, transport of goods, car rental, catering or services related to leisure activities if the offer provides for a date or a specific execution period
  • Provision of goods which by their nature are blended inseparably with other articles
  • Supplies of sealed goods can not be returned for reasons of health protection or health and which were unsealed after the CUSTOMER DELIVERY
  • The supply of alcoholic beverages, the price has been agreed at the time of conclusion of the sales contract, the delivery can be carried out after 30 days and the actual value depends on fluctuations in the market beyond the control of the SELLER
  • Providing a paperless digital content not supplied if the performance has begun with the prior express consent of the consumer, which also recognized and will lose his right of withdrawal
  • Contracts concluded at a public auction



ANNEX 2

DELIVERY POLICY



Delivery zone

PRODUCTS The offer can only be delivered on the TERRITORY.

It is impossible to place an order for any delivery address located outside this TERRITORY.

The PRODUCTS are shipped (to) address (s) of delivery that the Customer will (s) indicated during the ordering process.

Shipping Time

The deadlines to prepare an order and issue the invoice before shipping PRODUCTS in stock are listed on the site. These times do not include weekends or holidays.

An email message will be automatically sent to the CUSTOMER at the time of shipment of the PRODUCTS, provided that the email address in the registration form is correct.

Shipping & Delivery charges

During the ordering process, the SELLER states to the CUSTOMER possible and shipping options for purchased PRODUCTS.

Shipping costs are calculated according to the method of delivery. The amount of these costs will be payable by the Customer in addition to the price of purchased PRODUCTS.

Details of Delivery times and costs are detailed on the SITE.

Terms of Shipping

The package will be delivered to the CUSTOMER against signature and on presentation of an ID.

In case of absence, a notice will be left to the CUSTOMER, to enable him to get his parcel in the post office.

DELIVERY problems

The CUSTOMER is informed of the delivery date when he chooses the carrier, at the end of the online order process, before confirming the order.

It is specified that the deliveries will be made within thirty (30) days. Otherwise, the CUSTOMER must give notice to the SELLER to deliver within a reasonable time and in case of non delivery within that period, the contract may be terminated.

The SELLER shall reimburse the CUSTOMER without undue delay after receipt of the letter of termination, the total amount paid for PRODUCTS, taxes and shipping included, using the same method of payment used by the Customer to buy the products.

The SELLER is responsible to deliver to the CUSTOMER the PRODUCT. It is recalled that the Customer has a period of three (3) days to notify the carrier of the damage or partial loss recognized upon delivery.