Terms and conditions
Between the Icy Mouse Company, 146 rue du Chemin Vert, 75011 Paris, registered with the Chamber of Trades and Crafts of PARIS, under the number SIRET 489 824 151 RM75, represented by Mrs. Nathalie de Parseval as manager, duly authorized for the purposes hereof.
The company can be reached by email by clicking on the contact form accessible via the home page of the site.
Hereinafter the “Company”, on the one hand, and the natural or legal person proceeding to the purchase of products or services of the company, Hereafter, “the Customer” on the other hand, it has been exposed and agreed as follows:
The Company offers Products intended for consumers, marketed through its website (https://icymouse.com). The list and description of the goods offered by the Company can be consulted on the aforementioned site.
Article 1: object
These General Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products offered by the Company.
ARTICLE 2: general provisions
These General Terms and Conditions of Sale (GTC) govern the sale of Products or Services, made through the Company’s websites, and are an integral part of the Contract between the Customer and the Company. They are fully opposable to the Customer who accepted them before placing an order.
The Company reserves the right to modify these at any time by publishing a new version on its website. The GCS then applicable are those in force on the date of payment (or the first payment in the event of multiple payments) of the order. These T&Cs can be viewed on the Company’s website at the following address: https://icymouse.com.
The Company also ensures that their acceptance is clear and unreserved by setting up a checkbox and a validation click. The Customer declares to have read all of these General Terms and Conditions of Sale, and, where applicable, the Special Terms and Conditions of Sale related to a product or service, and to accept them without restriction or reservation.
The Customer acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs.
The Customer declares to be able to contract legally under French law or to validly represent the natural or legal person for whom he is committing.
Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
ARTICLE 3: price
The prices of the products sold through the Internet sites are indicated in Euros excluding taxes and precisely determined on the Product description pages. They are also indicated in euros, all taxes included (VAT + other possible taxes) on the product order page, and excluding specific shipping costs. For all products shipped outside the European Union and/or DOM-TOM, the price is calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the Company. They will be the responsibility of the customer and are his responsibility (declarations, payment to the competent authorities, etc.). The Company therefore invites the client to inquire about these aspects with the corresponding local authorities. The Company reserves the right to modify its prices at any time for the future. The telecommunications costs necessary to access the Company’s websites are the responsibility of the Client. Where applicable also the delivery costs.
ARTICLE 4: conclusion of the online contract
In accordance with the provisions of article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract electronically in order to be able to place his order:
– Take note of the information on the essential characteristics of the Product;
– Make the choice of the Product;
– Give their essential contact details (identification, email, address, etc.);
– Accept these General Conditions of Sale;
Before proceeding with its confirmation, the Customer has the possibility of checking the details of his order, its price, and of correcting any errors, or canceling his order. Confirmation of the order will constitute the formation of this contract.
Then, the Customer follows the instructions for the payment of the products, and the delivery of the order.
The Customer will receive confirmation by e-mail of payment for the order, as well as an acknowledgment of receipt of the order confirming it. He will receive a copy in pdf format of these general conditions of sale.
The Customer will have during his ordering process the possibility of identifying any errors made in the entry of data and of correcting them.
The language proposed for the conclusion of the contract is the French language.
The terms of the offer and the general conditions of sale are sent by email to the Customer when ordering and archived on the Company’s website. The archiving of the communications, the order, the details of the order, as well as the invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the civil code. This information can be produced as proof of the contract.
For delivered products, delivery will be made to the address indicated by the Customer. For the purposes of proper execution of the order, the Customer undertakes to provide truthful identification elements. The Company reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
The Company shall be entitled to refuse any order placed by a Customer with whom there is a dispute relating to the payment of a previous order, as well as any order that does not comply with these General Terms and Conditions of Sale.
ARTICLE 5: product
The essential characteristics of the goods, and their respective prices are made available to the Customer on the Company’s websites, as well as, where applicable, the mode of use of the product.
In accordance with article L112-1 of the Consumer Code, the Customer is informed, by means of marking, labeling, display or by any other appropriate process, of the prices and special conditions of the sale before any conclusion of the sales agreement. In all cases, the total amount owed by the Customer is indicated on the order confirmation page. The selling price of the product is that in force indicated on the day of the order, this one not including the shipping costs invoiced in addition. These possible costs are indicated to the Customer during the sales process, and in any case at the time of confirmation of the order.
The Company reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order.
When the products are not immediately available, clear information is given on the product presentation page as to the dates of availability of the products.
The Customer certifies having received a detail of the delivery costs as well as the terms of payment, delivery and execution of the contract, as well as detailed information relating to the identity of the Company, its postal, telephone and electronic contact details, and its activities in the context of this sale.
The Company undertakes to honor the Customer’s order only within the limit of available Product stocks. Failing this, the Company informs the Client; if the order has been placed, and failing agreement with the Customer on a new delivery date, the Company reimburses the customer.
The contractual information is presented in detail and in French.
In the case of costume jewelery made by hand, certain materials used may present irregularities inherent in their natural character or in this mode of artisanal manufacture. The Customer thus acknowledges that the photographs, descriptions or graphics accompanying and illustrating the products offered for sale on the Site are indicative and non-contractual and cannot engage the responsibility of the Company.
ARTICLE 6: compliance
In accordance with article L.411-1 of the Consumer Code, the products offered for sale through these GCS meet the requirements in force relating to the safety and health of persons, the fairness of commercial transactions and to consumer protection. Regardless of any commercial warranty, the Company remains liable for defects of conformity and hidden defects of the product.
In accordance with article L.217-4 of the same code, the Company delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.
In accordance with the legal provisions in terms of conformity and hidden defects (article 1641 of the civil code), the Company reimburses or exchanges defective products or products that do not correspond to the order. Reimbursement can be requested as follows: by email to email@example.com. The product must be returned by post in a tracked letter, in its original packaging and in a bubble envelope. Shipping costs will be reimbursed by the Company.
ARTICLE 7: retention of title clause
The products remain the property of the Company until full payment of the price.
ARTICLE 8: terms of delivery
The products are delivered to the delivery address that was indicated when ordering and within the time indicated.
The Customer is responsible for the accuracy of the delivery details he has provided to the Company. Any errors in coordinates resulting in additional transport costs will be at his expense. If a parcel is returned to the Company by La Poste following an error of address or any responsibility of the Customer (for example: failure to recover his parcel on time at the post office), this parcel may be reshipped only after payment of postage incurred by a new shipment.
In the event of late delivery, the Customer has the possibility of terminating the contract under the terms and conditions defined in Article L 138-2 of the Consumer Code. The Company then reimburses the product and the “one-way” costs under the conditions of Article L 138-3 of the Consumer Code. The Company provides a telephone contact point (cost of a local call from a landline) indicated in the order confirmation email in order to follow up on the order. The Company reminds that when the Customer takes physical possession of the products, the risk of loss or damage to the products is transferred to him. It is the Customer’s responsibility to notify the carrier of any reservations about the product delivered.
ARTICLE 9: availability and presentation
In the event of the unavailability of an article for a period of more than 20 working days from the day following that on which the Customer placed his order, he will be immediately informed of the foreseeable delivery times and the order for this article may be canceled on simple request. The Customer may then request a credit note for the amount of the item or its full refund and cancellation of the order.
ARTICLE 10: payment
Payment is due immediately upon ordering, including for pre-order products. The Customer can pay by credit card. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is made by the Company’s payment provider: Stripe (https://stripe.com). The information transmitted is encrypted in the state of the art and cannot be read during transport on the network. Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating his banking information during the sale, the Customer authorizes the Company to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the Sale is immediately resolved as of right and the order cancelled.
ARTICLE 11: withdrawal period
The Customer must keep proof of the deposit of the package with the carrier responsible for the return. In the absence of this proof, no exchange or refund can be made in the event of loss of the package.
In accordance with the legal provisions, you will find by clicking here the standard withdrawal form to be sent to the following address: Nathalie de Parseval, 146 rue du Chemin Vert 75011.
Refund procedure: the Company will refund the product, within 30 days of notification of the Customer’s request and via the same means of payment as that used when ordering. With the customer’s agreement, the value of the return may be credited in the form of a credit note to the customer’s account and will be deducted from the following order(s).
ARTICLE 12: warranties
In accordance with the law, the Company assumes the following guarantees: of conformity and relating to hidden defects of the products. The Company reimburses the buyer or exchanges the products which are apparently defective or which do not correspond to the order placed.
The refund request must be made as follows: by email to firstname.lastname@example.org. The product must be returned by post in a tracked letter, in its original packaging and in a bubble envelope. Shipping costs will be reimbursed by the Company.
The Company reminds that the Client:
- Has a period of 2 years from the delivery of the goods to act with the Company;
- That he can choose between the replacement and the repair of the good subject to the conditions provided for by the aforementioned provisions (product apparently defective or not corresponding)
- That he is exempted from proving the existence of the lack of conformity of the good during the 24 months following the delivery of the good;
- That the Customer can also assert the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code and, in this case, he can choose between the resolution of the sale or a reduction of the sale price ( provisions of articles 1644 of the Civil Code).
ARTICLE 13: complaints and mediation
In accordance with the provisions of art. L. 611-1 to L. 616-3 of the Consumer Code, the Customer may have recourse to a consumer mediator under the conditions provided for in Title I of Book VI of the Consumer Code in the event of failure of the complaint request to the Company’s customer service, or in the absence of a response within two months. The contact details of the mediator are CNPM – MEDIATION – CONSUMPTION – 27 Avenue de la Liberation 42400 SAINT-CHAMOND, http://cnpm-mediation-consumption.eu .
ARTICLE 14: intellectual property rights
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Company. No assignment of intellectual property rights is made through these GCS. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
ARTICLE 15: force majeure
The performance of the Company’s obligations hereunder is suspended in the event of the occurrence of a fortuitous event or force majeure (disruption or total or partial strike, in particular of the postal services and means of transport and/or communication) which would prevent execution. The Company will notify the Client of the occurrence of such an event as soon as possible.
ARTICLE 16: responsibility
The Company, in the online sales process, is only bound by an obligation of means; its liability cannot be engaged for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, service interruption, or other involuntary problems.
ARTICLE 17: nullity and modification of the contract
If one of the stipulations of this contract were cancelled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is valid only after a written and signed agreement of the parties.
ARTICLE 18: protection of personal data
In accordance with Regulation 2016/679 of April 27, 2016 relating to the protection of individuals with regard to the processing of personal data and the free movement of such data, the Company sets up a processing of personal data which has the purpose of purpose the sale and delivery of products and services defined in this contract. The customer is informed of the following:
– the identity and contact details of the controller and, where applicable, of the controller’s representative: the Company, as indicated at the top of these GCS;
– the contact details of the data protection officer: Nathalie de Parseval, email@example.com
– the legal basis of the processing: contractual performance
– the recipients or categories of recipients of the personal data, if they exist: the data controller, its departments in charge of marketing, the departments in charge of IT security, the department in charge of sales, delivery and order, the subcontractors involved in the delivery and sale operations as well as any authority legally authorized to access the personal data in question
– no transfer outside the EU is planned
– the data retention period: the time of the commercial prescription
– the data subject has the right to request from the controller access to personal data, the rectification or erasure thereof, or a limitation of the processing relating to the data subject, or the right to object to processing and the right to data portability
– The data subject has the right to lodge a complaint with a supervisory authority
– the information requested when ordering is necessary for the establishment of the invoice (legal obligation) and the delivery of the goods ordered, otherwise the order cannot be placed. No automated decision making or profiling is implemented through the ordering process.
ARTICLE 19: applicable law and clauses
All the clauses appearing in these general conditions of sale, as well as all the purchase and sale operations referred to therein, will be subject to French law.
The nullity of a contractual clause does not entail the nullity of these general conditions of sale.
All disputes between the Icy Mouse Company and the unsatisfied Customer that cannot give rise to an amicable settlement will be submitted to the competent court.
The language of this contract is French. These conditions of sale are subject to French law. In the event of a dispute, the French courts will have sole jurisdiction.
ARTICLE 20: consumer information
For consumer information purposes, the provisions of the Civil Code and the Consumer Code are reproduced below:
Article 1641 of the Civil Code: The Company is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which reduce this use so much that the Customer would not have acquired it. , or would have paid less, if he had known them.
Article 1648 of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, within one year following the date on which the Company can be discharged of the apparent defects or lack of conformity.
Article L. 217-4 of the Consumer Code: The Company delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.
Article L. 217-5 of the Consumer Code: The good complies with 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 Company and has the qualities that it has 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 Company, by the producer or by its 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 Company and which the latter has accepted.
Article L. 217-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L. 217-16 of the Consumer Code: When the buyer asks the Company, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a discount in a condition 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 request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.
“Our general terms and conditions of sale have been drawn up from a free and open-source model which can be downloaded from the site – https://www.donneespersonnelles.fr/”
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