These General Conditions of Sale (hereinafter the “General Conditions of Sale”) exclusively govern sales made on the website shop.irene-studio.com (hereinafter the “Site”) of the products offered by Irène (here – after “Irene”) to buyers (hereinafter the Customer(s)) and specify in particular the conditions of ordering, payment, delivery and management of any returns of products ordered by Customers.
The seller’s contact details are as follows: Genon Marie operating under the IRÈNE brand, SAS with a capital of €1000, registered with the Paris RCS under number 853 090 322 domiciled at 91 rue du Faubourg Saint-Honoré 75008 Paris, email@example.com, 0633223140.
The orders that can be made on the Irène website are strictly reserved for individuals.
These General Conditions of Sale are made available to Customers on the Site where they can be consulted directly.
The General Conditions of Sale are opposable to the Customer who declares to have read them and to have accepted them by ticking the box “I accept the General Conditions of Sale” before the validation of his online order.
Any order placed on the Site constitutes the formation of a contract concluded at a distance between the Customer and Irene, and necessarily implies the irrevocable acceptance by the Customer, without restriction or reservation, of the General Conditions of Sale applicable at the time of validation of the order on the Site.
Irène reserves the right to modify its General Conditions of Sale at any time. In case of modification, the new General Conditions of Sale will only be applicable to sales made after the modification. The nullity of a contractual clause does not entail the nullity of the General Conditions of Sale as a whole. The temporary or permanent non-application of one or more clauses of the General Conditions of Sale by Irene cannot be considered as a waiver on her part of the application of the other clauses of the General Conditions of Sale which continue to produce their effects.
The products governed by these General Conditions of Sale are those which appear on the site shop.irene-studio.com and which are indicated as sold and shipped by Irène. They are offered within the limits of available stocks.
Irène takes the greatest care in posting information relating to the essential characteristics of the products online, in particular by means of detailed descriptions and photographs illustrating the products.
However, if errors or omissions may have occurred in this presentation, Irène cannot be held liable. The photographs of the products are not contractual. The Site reserves the right to withdraw products for sale at any time.
To validate his order, the Customer must follow the different steps put in place on the Site by Irène. Once the order has been validated by the Customer, this means that he accepts all the stipulations and this takes on the value of a contract.
In order to avoid any error, we recommend that Customers carefully check the details of their order (product, price, quantity) appearing in the summary of their order on the Site, to modify or correct any errors before confirm the purchase, and renew this verification upon receipt of the order confirmation email.
The Customer selects the delivery address to which he wishes to be delivered, his means of payment and must confirm his purchase by clicking on the corresponding button. The Customer then accepts these T&Cs before proceeding to payment.
The order becomes firm when the payment has been accepted and the Customer receives an order confirmation email.
The products are manufactured by the seller from the order. A production time may therefore be applied from the order.
Irene reserves the right to refuse, cancel and terminate orders at any time for legitimate reasons. Irène may, for example, refuse, terminate or cancel an order in the event of an ongoing dispute concerning the payment of a previous order or if Irène suspects a violation of the General Conditions of Sale or any attempt at fraud.
The prices of the products are indicated in euros, all taxes included, excluding delivery costs. The basket indicates the total price to be paid by the Customer, i.e. all taxes included as well as the delivery costs. The prices displayed on the Site take VAT into account and this tax may vary depending on the country of invoicing.
As orders are shipped from France, no customs duties apply for deliveries within the European Community. Regarding sales outside the European Union, customs clearance, payment of various duties or taxes are the responsibility of the Customer.
Irene reserves the right to make price changes at any time without notice. However, the price invoiced will always be the price displayed at the time of payment of the order.
Payment of the full price must be made when ordering. At no time can the sums paid be considered as a deposit or down payment.
Accuracy of prices and product descriptions
Although Irène makes every effort to verify the accuracy of the information published on the Site, in advertisements or in catalogues, or communicated by Customer Service, it does not provide any guarantee, express or implied, concerning the accuracy, the reliability and completeness of such information.
Although Irène strives to ensure that the descriptions are as accurate as possible, and that the photographs or graphic representations of Irène products displayed on the Site or in a catalog are as close as possible to reality, Irène does not guarantee that neither these nor other contents are free from any error, whether due to an inaccuracy, an omission, an obsolete element or for another reason.
The price is payable in cash, in full, on the day the order is placed by the buyer.
Irène offers you the following payment methods: payment by credit card – CB, Visa or Mastercard, Apple Pay.
Irène reserves the right to suspend any order management and any delivery in the event of refusal of authorization of payment by credit card from officially accredited bodies or in the event of non-payment. Irène notably reserves the right to refuse to make a delivery or to honor an order from a Customer who has not fully or partially paid a previous order or with whom a payment dispute is in progress.
The online supply of the buyer’s bank card number and the final validation of the order will be worth proof of the buyer’s agreement in accordance with the provisions of the law of March 13, 2000 and will be worth payment of the sums due under the order and signature and express acceptance of all operations carried out.
Irène reserves the right to refuse any suspicious transaction, deleting any order record, especially if the quantities of products ordered are abnormally high.
Irène also reserves the right to refuse payment and thus cancel orders:
– for an unreferenced delivery address
– in case of doubt about the validity of the order
– in case of impossibility to reach the Customer.
The information transmitted by the Customer to operate his order is only used in the context of his commercial relationship with Irène. In no way will this information be shared with third parties or resold. The Customer’s banking information (bank cards) is only used for payment.
Irène uses a payment system that ensures the confidentiality and security of the transaction: the pages on which the Customer carries out a transaction (contact details, online payment) use a secure connection.
Irène will do everything possible to protect the Customer’s personal information throughout the online sales process, but cannot guarantee the integrity and security of the data that Customers communicate on the Site and cannot be held responsible for no damage or loss resulting from the use of the Internet network, for example in the event of hacking.
Proof of transaction
The registers kept in Irène’s computer systems under reasonable security conditions will be considered as proof of communications, orders and payments between the parties. Archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
The products will be delivered by La Poste, DHL or UPS depending on the area, to the address indicated by the Customer when ordering on the Site shop.irene-studio.com
The delivery address taken into account is the one indicated by the Customer at the time of the order. Any change of delivery address made by the Customer is likely to lead to an extension of the delivery time.
Any package returned to Irene due to an incorrect or incomplete delivery address will be reshipped at the buyer’s expense.
Delivery times run from the sending of the order confirmation email and are indicative.
In all cases, Irène undertakes to deliver the product within 30 days of the sending of the email confirming the manufacture of the product, except in cases of force majeure beyond the control of Irène or in fault of the Client.
If a period of 15 days is exceeded, the Customer may order Irène by registered letter with acknowledgment of receipt (hereinafter, “LRAR”) to deliver the products within a reasonable additional period.
In the absence of execution by Irene within this new reasonable period and in any case, at the end of the 30-day period, the Customer may cancel the order by recorded delivery addressed to Irene, unless Irène has executed in the meantime. .
Irène refunds the order no later than 14 days after the cancellation of the order. The refund is made in the form of a transfer to the account paid with the Customer’s bank card.
Receipt of products
Irène invites her Customers to refuse any package that is damaged and to notify customer service, in writing and in detail, of the reservations made, within 3 days, keeping proof of her writing. Failing this, Irene considers that the Customer has received the products in a state giving complete satisfaction.
Right to retract
In accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the product to exercise his right of withdrawal from Irene, without having to justify reasons or pay a penalty, at the end of repayment.
The Customer informs Irène of his decision to withdraw by sending by any written means (mail, email), his desire to withdraw, unambiguous mentioning imperatively the number of the order to the e-mail address: firstname.lastname@example.org. He can also send him the standard withdrawal form set out in the Appendix to these GCS by post.
Irène will communicate to the Customer, upon receipt of the request for withdrawal or the unambiguous declaration expressing her desire to withdraw, an acknowledgment of receipt (by e-mail).
The Customer undertakes to return the product within fourteen days following the communication of his decision to withdraw. The products are returned in their original packaging. They must be complete (Invoice, product, any accessories, labels attached to the product, instructions) and in perfect condition.
It is understood that this right of withdrawal can only be exercised on products that have not yet been the subject of any use or alteration by the Customer. Returns must be made in their perfect original condition and complete (packaging, accessories, instructions, etc.) allowing them to be re-marketed in new condition.
Damaged, soiled or incomplete products or any product returned beyond the legal withdrawal period are not taken back. All returns will be subjected by Irène to a rigorous quality control in order to ensure that the returned products comply with the quality requirements. If the returned product meets quality control standards, Irene will proceed with the refund.
The return costs are the responsibility of the customer, via the use of the return label which will be sent to the Customer following his request. These costs will be subtracted from the refund amount of the returned item(s). Irène declines all responsibility in the event of damage, loss or theft during return transport.
Irène undertakes to reimburse the Customer for all sums paid no later than fourteen days from the date on which Irène was informed of the Customer’s decision to withdraw. This commitment is understood subject to receipt by Irène of the products or, at the very least, proof of shipment that the Customer will send to Irène.
Irène undertakes to make the refund using the same means of payment as that used by the Customer when validating the order.
In the case of a product subject to personalization (materials, stones, engravings, size, design, packaging, etc.), returns are not accepted.
Calculation of delays
In accordance with Article L221-19 of the Consumer Code, and Regulation No. 1182/71/EEC of the Council of June 3, 1971 determining the rules applicable to deadlines, dates and terms:
1° The day on which the contract is concluded (…) is not counted in the legal withdrawal period of 14 days
2° The time limit begins to run at the beginning of the first hour of the first day and ends on the expiry of the last hour of the last day of the time limit;
3° If this period expires on a Saturday, a Sunday or a holiday or non-working day, it is extended until the next working day.
It does not cover defects caused by abnormal or faulty use or resulting from a cause unrelated to the intrinsic qualities of the products.
The products benefit automatically and without additional payment for the Customer, from the following guarantees, independently of the right of withdrawal: the legal guarantee of conformity of article l. 211-4 of the consumer code and the guarantee of the thing sold of articles 1641 and following of the civil code.
Legal guarantee of conformity
Under Article L211-4 of the Consumer Code, the seller is required to deliver a product that complies with the order and is liable for any lack of conformity existing at the time of delivery.
Under Article L211-5 of the Consumer Code, to comply with the order, the product must:
Be specific to the use usually expected of a similar item and, where applicable:
correspond to the description given by the seller, and possess the qualities that it has presented to the Customer in the form of a sample or model;
present the qualities that the Customer can legitimately expect given the public statements made by the seller, in particular in advertising or labeling;
Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the Customer, brought to the attention of the seller and which the latter has accepted.
In the event of a lack of conformity of the product, the Customer has a period of 2 years to act from the delivery of the product. After this period, he will no longer be able to benefit from the remedies of the guarantee defined below.
In order to assert his rights, the Customer must inform Irène in writing of the non-conformity of the products within the deadlines provided from the date of delivery of the products, to the following address: 91 rue du Faubourg Saint-Honoré 75008 Paris or by email at the following address: email@example.com
The Customer must specify the following information in his letter:
- order number, first name, surname and address,
- reference of the product(s) that the Customer must return,
- reason for returning the non-compliant product,
- choice of repair, replacement or refund of the product.
The products must be returned, in their original packaging and condition, new.
The Customer chooses between the repair or the replacement of the product.
If the repair and replacement of the product are impossible, if they cannot be implemented within one month of the Customer’s complaint, or if the reimbursement creates a major inconvenience for the Customer taking into account the product or the use that the Customer is looking for, the Customer can i) return the product and be reimbursed the price or ii) keep the product and be partially reimbursed.
- Warranty against hidden defects
The Customer may request, within 2 years from the discovery of the defect, the total or partial reimbursement of the Product which has proved unfit for use, as it results from articles 1641 to 1648 of the Civil Code. and according to the same methods of the article “Guarantees of conformity”.
The transfer of ownership of the products to the benefit of the buyer will be made after payment of the price by the latter, regardless of the date of delivery of the products.
In accordance with the provisions of Article L216-4 of the Consumer Code, the transfer of the risks of loss and deterioration relating thereto will only be realized when the buyer takes physical possession of the products.
Customer Service – Complaints
In the event of a question or complaint, the Customer can contact customer service by mail at 91 rue du Faubourg Saint-Honoré 75008 Paris or by email firstname.lastname@example.org
The Customer acknowledges that all of the content of the site as well as the Irene products and distinctive signs (illustrations, texts, labels, brands, images, photographs, packaging, product names, etc.) are the exclusive property of Irene. Any partial or total reproduction of the content by any process whatsoever and on any medium is subject to prior and express authorization from Irene.
The Customer is prohibited from any act of reproduction or use of product models, packaging, brands or distinctive signs, inventions, techniques or know-how used by Irène, as well as any act tending to the appropriation of these elements, whether or not they are protected by Irene by a patent, trademark, registered design and model or copyright. Any use of these contents in fraud of the rights held by third parties on them constitutes the offense of counterfeiting, severely punished by the intellectual property code.
Each of the parties assumes responsibility for the consequences resulting from its faults, errors or omissions in the conditions hereof.
Irène cannot be held liable in the event of non-performance or poor performance of the contract due either to the Customer’s fault, or to the unforeseeable and insurmountable fact of a third party to the contract, or to a case of force majeure.
Settlement of disputes and applicable law
Sales concluded with Irène via the Site are subject to French law.
Any dispute arising from the formation, interpretation, execution or termination of the GCS for any reason whatsoever will be the subject of an attempt at conciliation between the parties.
In the absence of conciliation, all disputes to which this contract may give rise, concerning its validity, interpretation, execution, termination, their consequences and their consequences will be submitted to the competent courts within the jurisdiction of the Paris Court of Appeal.
Irene is responsible for processing the data collected.
The information collected is subject to computerized processing intended to allow Irène to process the Customer’s requests and orders, as well as to offer and inform him about our products. They are thus used for loyalty, management and statistical analysis purposes.
The Client’s personal data is kept for the time strictly necessary for the fulfillment of the purposes for each of the processing operations envisaged by Irène.
In accordance with the provisions of the Data Protection Act of January 6, 1978 as well as the General EU Regulation on the protection of personal data n ° 2016-679 of April 27, 2016, the Customer benefits in particular from a right of access, modification and deletion of information concerning him that he has transmitted on the website shop.irene-studio.com The Customer may exercise this right at any time by contacting Customer Service by filling out the form on the Site, or by writing an email to email@example.com
All circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations are considered as causes for exemption from the obligations of the parties and lead to their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
Will be considered as cases of force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. Expressly, are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning , pandemics, shutdown of telecommunications networks or difficulties specific to telecommunications networks external to buyers.
The parties will come together to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party.
Special orders (half-measure, large measure, made-to-measure) are neither exchangeable nor refundable. The contract is formed upon receipt of the dated and signed quote and payment of the total amount including tax according to the means of payment offered.
APPENDIX – STANDARD WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract.)
For the attention of Irene
91 rue du Faubourg Saint-Honoré 75008 PARIS
I hereby notify you of my withdrawal from the contract relating to the sale of the product below:
Name of client(s):
Address of client(s):
Signature of the consumer(s) (only in case of notification of this form on paper):