GENERAL TERMS OF SALE
Article 1 - Definitions
In these terms of sale, the terms listed below have the following meanings:
"Catalogue" means the collection of Products offered for sale on the Website. Any Product visible on the Website and in particular photographed on a model is not necessarily included in the Catalogue. To check whether this is the case, click on the Product in question. Any reference to a Product sheet means that the Product is in the Catalogue. If this is not the case, the Product must be considered not to be offered for sale. The Product sheet provides information about the product's nature, name, price and depending on the Product, its composition, sizes or dimensions and colours available, precautions for use and care… It is accompanied by a photograph reproducing the Product as accurately as possible.
"Customer" means any adult natural person acting as a consumer for purposes which are not part of their commercial, artisan, self-employed or agricultural activity and who has their habitual residence in the Area of the Offer.
"Guest customer" means a Customer who places an order without creating a Customer Account.
"IKKS" means the company named IKKS RETAIL, a simplified joint-stock company (SAS) with capital of EUR 36,037,000 whose registered office is located at 3/5, rue Argout, 75002 Paris, France, registered in the commercial register of Paris under No. 479 960 965 and whose intra-Community VAT No. is FR66479960965. IKKS is the seller of the Products.
"Product" means any article selected by IKKS to constitute the Catalogue, whether it comes from collections of "IKKS" or "I.Code" clothing and/or collections of derivative products or any other item linked to a product sheet.
"Customer Service" means the IKKS department from which the Customer can obtain additional information about the Products, the General Terms of Sale, the orders, the deliveries or make a complaint. Its postal address is IKKS E-shop – Customer Services – 94, rue Choletaise, 49455 Saint-Macaire-en-Mauges, France and its e-mail address is firstname.lastname@example.org accessible on the Website in the Contact us section or at 00 33 (0)2 41 75 97 93.
"Returns Department" means the IKKS department or the service provider designated by IKKS, to which the Customer must return any product pursuant to Articles 8 and 12. This department's contact details are: Logtex - Service retours eShop - ZA Stelytec - 8 allée Leonard De Vinci - 42400 Saint-Chamond - FRANCE.
"Website" means the interactive electronic service governed by French law, hosted by Equinix France (114, rue Ambroise Croizat, 93200 Saint-Denis) , operated by IKKS on the Internet network accessible via the following URL: http://www.ikks.com and whose publisher is Mr Pierre-André Cauche in his capacity as permanent representative of IKKS' chairman.
"Area of the Offer" means: Germany, Austria, Belgium, Denmark, Spain, Finland, metropolitan France, Greece, Ireland, Italy, Luxembourg, Monaco, Netherlands, Portugal, United Kingdom, Sweden, Bulgaria, Croatia, Estonia, Hungary, Latvia, Lithuania, Poland, Czech Republic, Romania, Slovakia and Slovenia, with the exception of the countries and territories enjoying a special relationship with one of the aforementioned countries and which are neither a part of the customs territory nor the VAT territory of the European Union.
Article 2 - Purpose
2.1- These terms govern IKKS' distance selling to the Customer of Products from the Catalogue, electronically from the Website.
2.2- They apply to the exclusion of all other terms, in particular those in force for the stores.
2.3- Any order registration is conditional upon the entire acceptance without reservations by the Customer of these terms of sale.
2.4- These terms may be subject to change. In this case the applicable terms are those in force on the Website on the date of the Customer's order. The Customer is invited to consult them regularly to be kept informed of any changes.
Article 3 - Offer for Sale of the Products
3.1- Any offer of sale of a Product is valid for as long as the Product is in the Catalogue and it is in stock.
3.2- IKKS reserves the right to cancel or to refuse the sale of any Product for a valid reason and to inform the Customer of this by email after the registration of the Customer order. Legitimate reasons include in particular: non-availability of the Product, an abnormal request from the Customer, the Customer's bad faith, the existence of a dispute with the Customer regarding the payment of a previous order, any payment or attempt of fraudulent payment.
Article 4 - Customer Account
4.1- In order to facilitate the Ordering process, the Customer can create a Customer Account. By creating a Customer Account, the Customer registers their personal details and will no longer have to enter them for subsequent Orders.
4.2- The creation of a Customer account can be made, either when making an order on validating the basket, or in advance by clicking on My account which appears on all pages of the Website.
4.3- The Customer must identify themself by means of a valid e-mail address, and they must choose a password. The password specific to the Customer must then be confirmed. These elements are confidential. The Customer is solely responsible for the consequences of the use of their account, until it is deactivated.
4.4- To continue with their account registration, the Customer must enter their last name, first name, year of birth, postal address of usual residence, phone number and e-mail address. The address of a hotel or any other holidaying place, a post office box does not constitute an address of usual residence.
4.5- The Customer must provide sincere and genuine information and must update it with any change affecting it. Any change must be completed online and takes effect on the first working day which follows.
4.6- IKKS is entitled, without notice or compensation, to disable a Customer's account in the event of non-compliance by the Customer with the terms of sale, the non-payment by the Customer of amounts due or actions which are contrary to IKKS' interests.
4.7- Any Customer who wishes to disable their account must notify IKKS that this is the case by clicking on Contact us. IKKS undertakes to deactivate the account within a maximum period of forty-eight hours from receipt of the request.
Article 5 - Ordering Products
5.1- The Customer can order online from the Catalogue.
5.2- By clicking on Add to Bag, the Customer can place the Products of their choice in a basket. For each Product, thus selected, they are invited to choose, depending on the Product, the colour, the size or the dimensions and the quantity ordered. They are free, at any time, to view the contents of their basket and to remove one or more Product(s) from their selection.
5.3- By clicking on Order, the Customer validates the basket and is invited to enter their personal details needed to process the Order, or to connect to their Customer Account or to create a Customer Account on the IKKS website. The Customer is informed that confirmation of their Order means an obligation for payment from them. The customer is then prompted to choose the delivery method. The country of delivery must be included in the Area of the Offer. The delivery costs are borne by the Customer.
5.4- The Customer confirms the accuracy of their information and in particular their delivery and invoicing address and then is invited to make the payment.
5.5- By clicking on Pay Now, the Customer acknowledges being aware of the terms of sale and right of withdrawal, accepts them without reservation and confirms the payment. The Client may abandon the order until confirmation of the payment. As part of the payment confirmation phase, the Customer chooses from among the different payment methods proposed by IKKS.
5.6- As soon as payment is confirmed, the order is registered. Any registered order sent by the Customer is considered to be acceptance of the price and the description of the Product in the Catalogue. The Customer instantly receives an email informing them that their order has been validated. The Customer receives an e-mail informing them that their order has been accepted and is being processed.
5.7- The contractual information is presented in French, English, Spanish, Dutch and German. In the event of a disagreement, only the French language is authentic. Unless evidence to the contrary is produced, the information registered by IKKS constitutes proof of all transactions between IKKS and the Customer. Any challenge may only be made under the guarantees.
The history of transactions between IKKS and the Customer may be consulted at any time on the Website by any registered Customer under the My account section.
Article 6 - Product Prices
6.1- The price of each Product is indicated, depending on the Customer’s country, in euros or in British Pounds including all taxes (value added tax and any other taxes applicable on the order date), excluding delivery charges, which are entered separately.
6.2- The Seller reserves the right to change the price of each Product at any time. In this case the applicable pricing terms are those in force on the Website on the date of the Customer's order.
Article 7 - Delivery of Products
7.1- Any Product purchased on the Website is deliverable only in the Area of the Offer. The Customer chooses the delivery method. If the Customer chooses home delivery, the Product is delivered to the delivery address entered by the Customer when placing the order.
7.2- Delivery lead time for a Product, as indicated on the Website at the time of acceptance of the order, is an average usual time and corresponds to the preparation period for the order, to which is added the delivery period by the carrier depending on the means of transport chosen by the Customer. This time assumes that the order has been placed from Monday to Friday before 10 am Paris time and also excluding public holidays or non-worked days.
7.3- When the order includes Products, which have different preparation times, the delivery lead time for the order is based on the longest preparation period. In this case, IKKS reserves the ability to split the delivery. In this case, participation by the Customer to the delivery charges is invoiced for only one delivery.
7.4- Notwithstanding Articles 7.2 and 7.3, a Product must be delivered within a maximum of thirty days from the day following that of the acceptance of the order by IKKS.
7.5- IKKS may not be held liable for delivery delays which are attributable either to the Customer or due to an unpredictable and insurmountable situation caused by a third party to the contract, or to a case of force majeure.
7.6- Any registered Customer is invited to consult regularly their order tracking in the Orders History section on the Website and to contact, as appropriate, Customer Services by clicking on Contact us. For orders placed as a Guest Customer, the Customer is informed by email and can, if necessary, contact Customer Service.
Article 8 - Receipt of Products / Right of Withdrawal
8.1- The Customer shall take all necessary steps to receive the Product in the best possible conditions.
8.2- The Customer has a period of three clear days, from receipt of the Product, to notify Customer Services of possible reservations (damaged parcel, parcel opened, Product missing, damaged or soiled Product, etc.).
8.3- The Customer shall have a period of fourteen days from receipt of the Product, to exercise their right of withdrawal. In the event of withdrawal, the return costs shall be borne by the Customer and only the price of the product that is the subject of the withdrawal and the delivery costs disbursed to receive the order are refundable.
8.4- The Customer is able to exercise their right of withdrawal, once the Product has been received, by going to the Returns section located in the My account space. They must then select the Product that they want to return by clicking on Start a return and then by completing the mandatory fields. After confirmation, the Customer instantly receives an email informing them that their withdrawal has been registered, indicating to them the reference number of the returned item, the price of this item and the preferred refund method. The return slip will then be available in the Customer Account in the Returns section.
Guest Customers must contact Customer Service to exercise their right of withdrawal. After confirmation from Customer Service, the Customer receives an email informing them that their withdrawal has been registered, indicating to them the reference number of the returned item, the price of this item, the refund or compensation method selected and the return address.
A model withdrawal form is included in article 18 for information purposes, the Customer is invited to use the procedure described above.
8.5- Any Product which is the subject of a withdrawal must be returned to the Returns Department within a clear fourteen-day period, which follows the communication by the Customer of their decision to withdraw, in its original condition (i.e. compliant and in good condition), complete (i.e. with its packaging and where appropriate its accessories) and accompanied by a copy of the email recording the withdrawal. The price of any Product returned by the Customer after this time or which is damaged, soiled or incomplete is not refunded and is retained by IKKS as a penalty.
8.6- The refund of any Product (including delivery costs) which has been the subject of a withdrawal and returned, according to the terms set out in Articles 8.3 to 8.5, is made within fourteen days following the date on which they received the declaration of withdrawal from the Customer, it being stated that IKKS may defer the refund until the actual recovery of the Product.
8.7- The refund is made, at the choice of the Customer, either by credit on their bank account or by the issuance of a credit note valid for any future purchase made on the Website. The Customer exercises this choice by completing the required fields stated in Article 8.4. If not, IKKS will refund the Customer using the same method of payment as that used by the Customer to pay for the order in question.
8.8- No cash-on-delivery shipment shall be accepted regardless of the reason.
8.9- The validity period of this credit note is twelve months from its issuance date. Any Customer may consult their list of credit notes by going to the Vouchers section located in the My account space. Each credit note is identified by a number. It is personal and non-transferable.
Article 9 - Payment of the Price
9.1- Payment of the full price is made on placing the order.
9.2- Payment of any Product is made by bank card (Visa, Eurocard/MasterCard, e-Carte Bleue or all other bank cards approved by the Groupement des Cartes Bancaires), PayPal, American Express and/or by a credit note and IKKS gift cards.
9.3- The card is debited once the order is shipped by IKKS and at the latest within 6 days from the Order.
9.4- When placing the order, the Customer may, after having clicked on Payment by voucher, enter the credit note number through which they intend to pay all or part of the price of the Product. If the amount of the credit note is less than the price, the remainder of the price must be paid by bank card. If the amount of the credit note is greater than the price of the order, the balance may be used for a future purchase for as long as the credit note is valid.
Article 10 - Securing of Payments
10.1- The Website uses a security system according to the SSL protocol (Secure Socket Layer) that encrypts information to protect as effectively as possible all sensitive data related to the payment means. IKKS has access to this secure payment platform via the PCI DSS certified Adyen payment system.
10.2- Information related to a Customer's order is subject to processing made by customer services. This processing is for the purpose of defining a level of analysis for a transaction and to combat bank card fraud. IKKS is the only recipient of these data. If the Customer does not wish to transfer the requested information to IKKS, they are invited to contact customer services to make the payment by credit transfer. Non-transmission of the data prevents the completion and analysis of the transaction.
Article 11 - Liability
11.1- All Products comply with the French and/or European Union legislation in force and with the standards applicable in France and in the European Union.
11.2- Any photograph of Product is communicated for illustrative purposes. The Customer is invited to refer to the description of each Product in the Catalogue to become aware of its essential characteristics and, in the event of doubt or need for additional information, to contact Customer Services. IKKS is liable only for the content of pages that it publishes on the Website. In the event of a clear error between the characteristics of the Product and its representation, IKKS' liability may not be involved.
11.3- To the extent that any Customer acts as a consumer for purposes which are not part of their commercial, artisan, self-employed or agricultural activity, IKKS' liability shall not be involved for any consequential damages due to these terms, operating loss, loss of profit, loss of opportunity, damage or charges, which may occur as a result of the purchase of the Products.
11.4- IKKS may not be held liable for elements outside its control and for damage which may possibly be suffered by the technical environment of any user of the Website and, in particular, computers, software, network equipment (modems, phones, etc.) and any equipment used to access the Website or to use it.
Article 12 - Legal Guarantees
12.1- For any Product sold, IKKS is bound, in respect of the Customer, by the legal guarantee of compliance laid down in Articles L. 211-4 to L. 211-14 of the Consumer Code and by the legal guarantee against latent defects referred to in Articles 1641 to 1648 of the Civil Code. These legal provisions are available on the http://www.legifrance.gouv.fr website.
12.2- In the event of a lack of compliance and if identical replacement is impossible (size, colour or item out of stock), the Customer may either return the Product and receive a refund of the price (delivery charges and return shipping costs included), or accept the proposal made by IKKS for a Product of equivalent quality and price.
12.3- In the event of a latent defect within the meaning of the law, IKKS undertakes, according to the customer's choice, to replace (if Product is available in stock) or to refund the Product thus affected (return shipping costs included), provided that the said defect has been reported to Customer Services within eight (8) days following the date on which the Customer should have reasonably discovered it.
12.4- For any complaint made pursuant to Article 12, the Customer must go to the Returns section located in the My account space. They must then select the Product that they want to return by clicking on Start a return and then by completing the mandatory fields including the one regarding the nature of the non-compliance or the defect. After confirmation, the Customer instantly receives an email informing him that their complaint has been registered, indicating to him the reference number of the returned item, the price of this item, the compensation mode selected and the return address. Registration of the complaint does not constitute acknowledgement of liability by IKKS. Any Product that is the subject of a complaint by the Customer for a refund or replacement must be returned to the Returns Department accompanied by a copy of the complaint registration electronic mail.
The Guest Customer should contact Customer Service for any complaint made under Article 12.
12.5- The refund is made, at the choice of the Customer, either by credit on their bank account or by the issuance of a credit note valid for any future purchase. In the absence of an express choice, the refund is made by credit onto the customer's bank account.
12.6- No cash-on-delivery shipment shall be accepted regardless of the reason.
12.7- The provisions of this Article 12 are without prejudice to the right of withdrawal set out in Article 8 above.
Article 13 - Intellectual property / Image production rights
13.1- All elements (including: brands, logos, texts, illustrations, graphic charter, images, photographs, films, product models…) reproduced or represented on the Website are the exclusive property of the companies of the IKKS Group.
13.2- Any unauthorised reproduction, copy or use, including partial, of these elements by any third party is strictly forbidden and may give rise to prosecution based on the provisions of the Intellectual Property Code. These acts may also be prosecuted based on the image reproduction rights of the models whose images are reproduced on the Website.
Article 14 - Nominative Information
14.1- The information and data regarding the Customers are necessary for managing orders and for establishing and improving commercial relations with the Customers. They may be communicated to those people who contribute to these relations such as those responsible for Customer Services, the Returns Department, the preparation of orders and the carriage of the Products. This information and data are also stored for security purposes, in order to fulfil the legal and regulatory obligations and also to allow IKKS to enhance and personalise the services offered and the information communicated to the Customers.
14.2- In accordance with modified Act No. 78-17 of 6 January 1978 relating to computing, files and freedoms, any Customer has a right of access and rectification to their personal data. They simply need to make a request to do so to Customer Services stating their last name, first name, email address and eventually their customer account number.
Article 15 - Newsletters / Cookies
15.1- Newsletters: Depending on the choices that they make when creating or consulting their account, any Customer may receive offers from IKKS and/or companies belonging to the same group of companies as IKKS. Any Customer not wishing to do so may request this, at any time, by specifying it in the My Account and then Personal Information sections.
- improve the customised service for Customers
- measure website traffic
On their first visit to the website, the Customer is informed about the use of these tracers and that by continuing to browse the website the Customer accepts their use.
In the event that the Customer rejects cookies, IKKS cannot guarantee the use of all the website's functionalities.
15.3- IKKS is a signatory of the professional code of the Fédération des entreprises de vente à distance (Federation of remote selling enterprises) and undertakes to respect the Charter of the profession.
Article 16 - Hypertext Links
16.1- The hypertext links from the Website to other websites may not involve IKKS' liability, in particular with respect to the content of these sites.
16.2- Neither is IKKS liable for the hypertext links pointing to the Website and prohibits any person from establishing such a link without its prior express authorisation.
Article 17 - Final Provisions
17.1- Any sale defined in Article 2 shall be governed by these terms of which only the French version is authentic and by the French legal and regulatory provisions. Any contract of sale is thus governed, in all respects, and without any restriction, by French law and is effective as a contract concluded in France.
17.2- For any dispute which may arise between the parties with respect to a sale, proceedings may only be brought against IKKS in the French courts with jurisdiction over the registered office.
17.3- When in these terms a period is expressed in days, the day of the act, event, decision or notification that initiates the period does not count. Any deadline expires on the last day at midnight. Any delay which expires on a Saturday, a Sunday or a public holiday or non-worked day, is extended until the first following working day.
17.4- Any reference on the Website or on any other medium whether it is issued as part of the use of the Website, to a time of day, to days of the week, to months of the year as well as to legal public holidays or non-worked days, is, unless expressly stated otherwise, regarded as a reference to the legal time in Paris, to the days, months and years of the Gregorian calendar and to the legal public holidays and non-worked days in force in metropolitan France.
Article 18 - Model Withdrawal Form
The model withdrawal form below is communicated to the Customer for information purposes before the order is confirmed. The procedure to exercise the right of withdrawal is described in article 8.4 of these General Terms of Sale and does not require printing the form, the information below having already been entered in your account and order history.
(Please complete and return this form only if you wish to withdraw from the contract)
For the attention of
LOGTEX - SERVICE RETOURS ESHOP
8 ALLEE LEONARD DE VINCI
I hereby notify you of my withdrawal from the contract relating to the sale of the following products:
Ordered on (*)/received on (*):
You must attach the delivery note or invoice received with the delivery to your return.
(*) Please cross out if not applicable