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TERMS OF SALES

Article 1: SCOPE

 

These general conditions of sale apply, without restriction or reservation to all orders placed by any buyer on the website www.objetmoderne.com, merchant website belonging to the company Outshow domiciled at rond point laurent schwartz 78310 maurepas - France (hereinafter the Seller).  SHARE CAPITAL of 60,000 euro siret n '844 161 687 00026 Intracommunity VAT number: FR52844161687

 

 

The website icitatou.store consists of the sale of various products and in particular products for the home, for the body as well as "High Tech" products.

 

These General Conditions of Sale are accessible (hereinafter the Site) at any time on the website and will prevail, where applicable, over any other version or any other contradictory document.

 

The modifications of these General Conditions of Sale are opposable to the users of the site as of their putting on line and cannot apply to the transactions concluded previously.

 

The validation of the order by the Purchaser implies unreserved acceptance of these General Conditions of Sale.

Article 2: PRICE

 

The prices of our products are indicated in euros all taxes included, processing and shipping costs included only for Metropolitan France.

 

Outside France, delivery costs will be invoiced at the price of the postal rates in force at the time the order is placed.

 

All orders, regardless of their origin, are payable in euros.  

 

The price guaranteed to the Buyer is that appearing on the Site on the date of the purchase, which is evidenced by the acceptance of the offer by the buyer.

The Outshow company reserves the right to modify the sale prices appearing on the Site at any time. However, by virtue of article L.212-1 and R.212-1-3 a consumer having ordered at a time T, a product P, may not be charged another price.

 

The products remain the property of the company Outshow until full payment of the price (basis, costs and taxes). The transfer of ownership of the products from the Seller to the Buyer will take place accordingly once payment of the price has been made.  Once the transfer of ownership has been made, the risks of loss, theft or deterioration of the products are the responsibility of the Purchaser.

Article 3: ORDERS

 

To place an order, the Buyer must identify himself with his email address and password. For any first order, the Buyer must create a customer account on the website. The data recorded by outshow constitute proof of all transactions between its Site and its customers.

 

The Order of products on the Site is subject to the acceptance by the Purchaser without any reservation by the latter, of all the GTCS set out below. These are binding on the Buyer without regard to the specific clauses added by him. This acceptance is materialized by checking the box bearing the following mention: "I accept and I acknowledge having read the General Conditions of Sale".

 

Once the general conditions of sale have been accepted, the Buyer must choose the method of payment.

 

The order is considered finalized once the price has been paid on the website.

 

Any order implies acceptance of the prices and descriptions of the products available for sale.

In certain cases, in particular non-payment, incorrect address or other problem on the Buyer's account, the Seller reserves the right to block the Buyer's order until the problem is resolved.

 

For orders placed on its Site, the outshow company reserves the right to cancel any order from a customer with whom there is a dispute relating to the payment of a previous order.  

Article 4: AVAILABILITY

 

Our product offers and prices are valid as long as they are visible on the site. For products not stored on our premises, our offers are valid with our suppliers. Information coming directly from our suppliers, errors or modifications may exceptionally exist. In the event of the unavailability of one or more products after validation of your order, we will inform you by any means (email, mail or telephone) upon receipt of the information received from the suppliers. In the event of unavailability of all or part of the order, and if the buyer does not opt for a replacement product or a credit note, the refund will be made at the Seller's choice by crediting the Buyer's bank account. or by check, at the latest within fourteen (14) days from the payment of the sums paid by the customer. 

Article 5: PAYMENT

 

The Purchaser may proceed to payment by bank card (CB, VISA, MASTERCARD).

 

Except in exceptional cases or special agreement between the Seller and the Buyer, all purchases made on the Site are payable in full on the day the order is placed.

 

The Seller will not be required to deliver the products ordered by the Buyer if the latter does not pay him the full price under the conditions and above indicated.


Payments by credit card are debited when the order is placed.
Payments made by the Purchaser will only be considered final after actual receipt of the sums by the Vendor.

 

In the event of late payment of the sums due by the Purchaser beyond the deadline set above, and after the date of payment appearing on the invoice addressed to the latter, late interest calculated on the basis of the legal rate in force, will be acquired automatically and automatically from the Seller at the end of a period of 10 days, without any formality or prior notice and will result in the immediate payment of all sums due by the Buyer, without prejudice to any other action that the Seller would be entitled to bring, as such, against the Buyer.


In addition, the Seller reserves the right, in the event of non-compliance with the terms of payment appearing above, to suspend or cancel the delivery of orders in progress made by the Buyer.

Article 6: DELIVERY - GENERAL

 

The products acquired by the Purchaser will be delivered in metropolitan France and abroad by post or by colissimo in  maximum period of 2 weeks, at the address indicated by the Purchaser when ordering on the Site.

  The Seller undertakes to make its best efforts to deliver the products ordered by the Buyer within the deadlines specified above.


Delivery is deemed to have been made upon delivery of the products ordered by the Seller to the consumer.

 

It is therefore up to the Purchaser to check the shipments on arrival and to issue to the deliverer all reservations and complaints which appear justified.

 

In the event of a delay in shipment, an email will be sent to the Buyer to inform him of a possible consequence on the delivery deadline which would have been indicated. In any event, in accordance with legal provisions, in the event of a delivery delay of more than fourteen (14) days, the Buyer has the option of canceling his order within sixty (60) working days. In this case, if the Buyer has received the product, after cancellation, the Seller will refund the Product and the delivery costs, upon receipt of the Product by the Seller, complete and in its original condition.

Article 7: DELIVERY - CONFORMITY OF PRODUCTS

 

We are committed to refunding or exchanging you for products that are apparently defective or do not correspond to your order. In this case, we thank you for agreeing to state it in a detailed way in writing, to await our agreement also in writing, and to return us the product (s) accompanied by our agreement. The Seller will exchange or refund the product (s) at your option. The request must be made within fourteen (14) working days of delivery. Any complaint made after this deadline cannot be accepted. The products must be returned to us in the state in which you received them with all the delivered elements (accessories, packaging, instructions, etc.). The return costs are your responsibility. The products should be sent to the address: Outshow domiciliée rond point laurent schwartz 78310 maurepas- FRANCE.

 

Article 8: SELLER'S RESPONSIBILITY - GUARANTEE

  The warranty is two years from the delivery of the goods to the consumer.

Some products sold have a manufacturer's warranty. Excluded from this warranty are all products modified or repaired by the Buyer or by any other person not expressly authorized by the Seller, as well as all products covered by a specific assistance and maintenance contract. To be able to benefit from the product warranty, it is imperative to keep the purchase invoice of the product. The contractual guarantees do not cover: - replacement of consumables, - abnormal or improper use of products, - breakdowns related to accessories (power cables, etc.), - faults and their consequences due to intervention by an unauthorized repairer, - faults and their consequences linked to use not in accordance with the use for which the product is intended, - faults and their consequences linked to any external cause.  

 

However, and in any event you benefit from the provisions of the legal guarantee, in particular the legal guarantee of conformity and the guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the delivered products and rendering them unfit. in use.

 

Any warranty is excluded in the event of misuse, negligence or lack of maintenance on the part of the Buyer, as in the case of normal wear and tear of the goods, accident or force majeure and the Seller's warranty is limited to replacement. or the reimbursement of non-conforming products or those affected by a defect.

 

The Seller will replace or have repaired the products or parts under warranty deemed defective by the Seller.

 

The defective product must be returned in its original packaging and accompanied by the agreement of the Seller. All costs and risks associated with returning the product are the responsibility of the seller. No cash on delivery will be accepted for any reason. The products should be sent to the address: Outshow domiciliée rond point laurent schwartz 78310 maurepas

 

The products sold on the Site comply with the regulations in force in France. The Seller cannot be held liable in the event of non-compliance with the legislation of the country in which the products are delivered, which it is up to the Buyer to verify.

  

The Buyer is solely responsible for the choice of products, their conservation and their use.

 

The Seller will not be considered responsible or at fault for any delay or non-performance resulting from the occurrence of a case of force majeure usually recognized by French case law.

 

It is recalled that within the framework of the legal guarantee of conformity,  with the provisions of articles L.221-5, L221-21, L-221-24 and R.616-1, the consumer:

  • has a period of two years from the delivery of the good to act vis-à-vis its seller;

  • may choose between repairing or replacing the item, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;

  • is exempt from providing proof of the existence of the lack of conformity of the goods during the six months following delivery of the goods. This period is extended to 24 months from March 18, 2016, except for second-hand goods.

The legal guarantee of conformity, in accordance with the provisions of the decree of December 18, 2017, applies independently of the commercial guarantee that may possibly cover your property. It is recalled that the consumer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code and that in this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code

Exception: In the case of a purchase made from a partner (group purchasing site - ex: Groupon, Lookingo, ...), the product return will be the address of the outshow company (Outshow domiciled round point laurent schwartz 78310 maurepas.), Like any traditional purchase.

 

 

Article 9: RIGHT OF WITHDRAWAL

  In accordance with article L. 121-20 of the Consumer Code, “the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception of , where applicable, return costs "

The Purchaser has, in accordance with the provisions of articles  L.221-18 - L.224-79 - L.224-91 -  L.312-19 - L.313-34 VII of the Consumer Code, (see appendix 1) with a withdrawal period of fourteen (14) working days from the delivery of the products. In accordance with article L.221-23 of the Consumer Code, the consumer returns or returns the goods to the professional or to a person designated by the latter without undue delay and, at the latest, within fourteen days following the communication of his decision to withdraw in accordance with article L.221-21 of the Consumer Code, unless the professional offers to recover these goods himself.

  In accordance with article L.221-24 of the Consumer Code, when the right of withdrawal is exercised, the professional reimburses the consumer for all sums paid, including delivery costs, without undue delay and at the latest within fourteen days from the date on which he is informed of the consumer's decision to withdraw               
The return costs will be the sole responsibility of the Buyer.


The return of the products must be accompanied by a copy of the purchase invoice and the shipment must be made to the address mentioned in article 1 of these general conditions of sale.

 

Upon receipt of your return, if you have requested an exchange of the product, we will immediately send you the replacement product (subject to availability). If you have requested the refund, it will be made  as soon as possible and at the latest within fourteen (14) days following the exercise of the right of withdrawal.  

 

Exception: In the case of a purchase made from a partner (group purchasing site - ex: Groupon, Lookingo, ...), this withdrawal period applies from the date of receipt of the product by the customer , and is to be argued with him.

 

The reimbursement will be equal to the sums paid on the Site.

In accordance with article L. 221-5 of the Consumer Code, ("Hamon law") of June 2014, the customer can find below a standard withdrawal form for an order placed on the site icitatou.store

  At the bottom of the page (annex 2), a withdrawal form is available

Article 10: RESPONSIBILITY

 

The seller cannot be held liable in the event of non-compliance with the legislation of the country where the product is delivered (for example in the event of a product being banned, etc.). It is your responsibility to check with local authorities the possibilities of importing or using the products or services you plan to order.  

 

Photos are for illustrative purposes. We invite you to refer to the description of each product to know the precise characteristics. Of course, for any questions about the products, you can contact us by email at  contact@icitatou.store

 

In the event of purchases on a professional basis, the Seller will not incur any liability for any damage such as: operating loss, loss of profit, loss of opportunity, damage or costs, which could arise as a result of the purchase of the products. .

 

We remind you that it is prudent to back up the data contained in the products purchased. The Seller cannot be held responsible for any loss of data, files or damage defined in the previous paragraph.  

 

In accordance with article L.  217-4 of the Consumer Code, "The professional is legally responsible towards the consumer for the proper performance of the obligations resulting from the contract concluded at a distance, whether these obligations are performed by the professional who concluded this contract or by other service providers, without prejudice to its right of recourse against them.

However, he can exempt himself from all or part of his liability by providing proof that the non-performance or poor performance of the contract is attributable either to the consumer, or to the unforeseeable and insurmountable fact of a third party to the contract, or to a case of force majeure. "

 

The Seller cannot also be held responsible for the alteration of the products due to improper storage by the Buyer.

 

The Seller cannot be held liable in the event of temporary unavailability of the Site, in particular for maintenance reasons.

 

Article 11: INTELLECTUAL PROPERTY

 

The Site and its content, including photographs, texts, logos and acronyms, brands, designs, software, scripts, graphics, sounds, images, videos, interactive functions (this list is not exhaustive) are the exclusive property of the Seller.

 

The entire Site is protected under the Intellectual Property Code. Any reproduction or representation of the content, without the prior authorization of the Seller, is strictly prohibited, under penalty of criminal or civil proceedings for infringement.

More generally, the content of the Site may under no circumstances be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, altered, licensed or exploited in any way and for any purpose whatsoever.

 

Article 12: CONFIDENTIALITY - COMPUTING AND FREEDOMS

 

The personal data collected on the Site is subject to computer processing intended to ensure the proper management of Orders, deliveries and customer relations.

 

This information is processed by the outshow company.

 

In accordance with the provisions of Law n ° 78-17 of January 6, 1978, amended by the law of August 6, 2004 relating to information technology, files and freedoms, the Site has been declared to the Commission National Data Protection Authority (CNIL) under number 1529532.

The Buyer is also informed that, in accordance with the law mentioned above, he has an individual right to access, rectify and delete personal information concerning him.

The Customer is reminded that in its capacity as content host, and in accordance with article 6 of Law n.2004-575 of June 21, 2004 for Confidence in the Digital Economy (LCEN) and its decree of application n. 2011-219 of February 25, 2011, OBJETMODERNE has the obligation to: 1. hold and keep data such as to allow the identification of all persons who have purchased a product, the legal authorities being able to request the communication of said information; 2. withdraw information stored or retained, or make it impossible to access, as soon as icitatou becomes aware of their manifestly illegal nature.

 

To do so, you should contact the outshow company by mail or email, at one of the following addresses:

Outshow domiciled at the roundabout laurent schwartz 78310 maurepas

 

contact@icitatou.store

 

The data collected on the Site may be kept by the outshow company for a period of one (1) year. After this period, the information collected will be deleted.

 

Outshow may use Cookies (files containing information stored on the Member's hard drive). Cookies facilitate the operations that the Buyer performs on the Site. They do not contain confidential information about the Buyer. However, the latter is free to refuse the creation of Cookies.


Through us, and with your consent, you may receive commercial offers from other companies by e-mail. If you do not wish it, all you have to do is write to us at Outshow domiciliée rond point laurent schwartz 78310 maurepas - FRANCE, or send us an E-mail at  contact@icitatou.store .

 

Transaction security: The transaction is encrypted (SSL encryption process). No credit card number is stored by the Seller. Communicating your credit card number on the bank server when paying for your order is completely secure. Indeed, this manipulation does not involve any risk since the details of your credit card never pass unencrypted over the network: they are encrypted using the SSL (Secure Socket Layer) protocol. The Seller does not have access to your bank details, and does not keep them under any circumstances on its servers.

 

Article 13: JURISDICTION / DISPUTES

 

This contract is subject to French law and is written in French. In the event of a dispute and for any disputes relating to this contract between the Seller and the Purchaser, the consumer may apply at his option, in addition to one of the jurisdictions having territorial jurisdiction under the Code of Civil Procedure, the jurisdiction of the place where he remained  at the time of the conclusion of the contract or of the occurrence of the harmful event.

Online Dispute Resolution Platform: In accordance with article 14 of Regulation (EU) n ° 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating independent out-of-court dispute resolution online between consumers and professionals in the European Union.

This platform is accessible at the following link:  https://webgate.ec.europa.eu/odr/

 

Pursuant to article R. 616-1 of the Consumer Code, you can have your request examined by a mediator whose contact details you will find below, knowing that a dispute can only be examined, with some exceptions, by a single mediator:

 

Update of May 31, 2017

Annex 1

Article L. 217-4 of the Consumer Code

The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility.

Article L. 217-5 of the Consumer Code

The good conforms to the contract:

  1. If it is suitable for the use usually expected of a similar good and, where applicable:

    • if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;

    • if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;

  2. Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Article L217-12 of the Consumer Code

The action resulting from the lack of conformity lapses two years after delivery of the goods.

Article L. 217-16 Consumer Code:

When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of 'at least seven days is added to the duration of the guarantee which remained to run. This period runs from the buyer's request for intervention or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.

Article 1641 Civil Code

The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer has not acquired it, or has not acquired it. would have given a lower price, if he had known them.

Article 1648 paragraph 1 Civil Code

The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.

 

  Annex 2:

Standard withdrawal form:

Right to retract

The consumer has the right to withdraw from this contract without giving any reason within a period of

fourteen calendar days.

The right of withdrawal runs from ………………………………………… .. (to be completed by the

professional before sending the form to the consumer).

If the consumer does not receive this form, the withdrawal period starts from the moment when

the consumer receives the complete information, but in any case expires after one year and fourteen

calendar days.

If the consumer does not receive all the required information, the withdrawal period runs from

from the moment the consumer receives the complete information, but expires in any case

after three months and fourteen calendar days.

To exercise the right of withdrawal, the consumer notifies the professional of his decision to withdraw.

to the name and address indicated below using a "durable medium" (for example, letter written

sent by post, email). The consumer can, if he wishes, use the present

form.

If the consumer exercises the right of withdrawal, he is not required to pay any costs.

In addition to the right of withdrawal, national contract laws may provide for rights

for the consumer, for example the right to withdraw from the contract when certain information is not

been communicated.

Prohibition of advance payments

During the withdrawal period, any advance payment by the consumer is prohibited. This

prohibition concerns any remuneration, including in particular the payment, the constitution of guarantees,

the reservation of money in accounts, the explicit acknowledgments of debt.

It applies not only to payment made to a professional, but also to that made to third parties.

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