GENERAL TERMS AND CONDITIONS OF ONLINE SALE
ARTICLE 1. Object and scope
These general terms and conditions of sale are applicable without restriction or reservation to all of the sales agreed by IPONE SA with non-professional buyers (the “Buyer” or the “Buyers”), wishing to purchase the products offered for sale by IPONE SA (“The Products”) on the website “ipone.fr”. They specify in particular the terms and conditions of order, payment, delivery and management of any returns of the Products ordered by Buyers.
The Products offered for sale on the website “ipone.fr” are as follows:
– Lubricant products and maintenance and upkeep sprays for two-wheel motor vehicles, such as motorbikes and scooters, and recreational vehicles such as quads, jet skis and snowmobiles;
– Promotional advertising articles marketed under the “Ipone” brand.
The principal characteristics of the Products and in particular the specifications, illustrations and information on dimensions or capacity of the Products, are presented on the “ipone.fr” website.
The Buyer is required to familiarise himself with this before making any order.
The choice and the purchase of a Product is the sole responsibility of the Buyer.
The photographs and graphics presented on the “ipone.fr” website are not contractual and are unable to incur the liability of IPONE SA.
The Buyer is required to refer to the description of each Product in order to find out its basic characteristics and properties.
Products shall be offered with the understanding that this shall be within the limit of available stock, as specified at the time that the order is placed.
IPONE SA’s contact details are as follows:
IPONE, limited company with capital of €100,000, with head office at Chemin de la Meunière – 13480 Cabriès, listed in the Trade and Companies Register of Aix-en-Provence under number 342 438 702.
Email address: email@example.com
Telephone: 04 42 94 05 65
Fax: 04 42 94 05 66
Intra-Community VAT Number: FR 79 342 438 702 00025
These general terms and conditions of sale shall be applicable to the exclusion of all other terms and conditions, and in particular those applicable to in-store sales or sales by means of other distribution or marketing channels.
These general terms and conditions of sale are accessible at any time on the “ipone.fr” website and shall prevail, wherever appropriate, over any other version or any other document to the contrary, such as brochures, catalogues or special conditions.
The Buyer declares that he has read these general terms and conditions of sale and that he has accepted them by ticking the box provided for this purpose before carrying out the online purchase procedure, as well as the general terms and conditions of use of the “ipone.fr” website.
These general terms and conditions of sale may be subject to subsequent amendments by IPONE SA; the version applicable to the Buyer’s purchase shall be the one in force on the website on the date the order is placed.
In the event that IPONE SA does not invoke at a given moment any of these general terms and conditions of sale, this may not be interpreted as a waiver of subsequently invoking the aforementioned terms and conditions.
Except in the event of evidence to the contrary, the data recorded in IPONE SA’s IT system shall constitute proof of all of the transactions entered into with the Buyer.
In accordance with the law on IT and Liberties of 6 January 1978, the Buyer shall, at all times, have the right of access, correction and opposition to all of his personal data by means of writing, by post and providing proof of his identity, to IPONE SA, Chemin de la Meunière – 13480 Cabriès.
These general terms and conditions of sale are exclusively applicable to products delivered to Buyers with an address in Metropolitan France.
ARTICLE 2. Orders
It is the responsibility of the Buyer to select the Products that he wishes to order on the website “ipone.fr”, in accordance with the following terms:
To place an order, the Buyer clicks the button “proceed with order” once he has filled his online basket, indicating the selected products and the desired quantities, then clicks the “Order” button and provides the information relating to delivery and the method of payment.
Offers of Products shall be valid as long as they are visible on the website, within the limit of available stocks.
2.1 Validation of orders
The sale shall only be considered as definitive after the Buyer is sent confirmation by email of acceptance of the order by IPONE SA.
It shall be the responsibility of the Buyer to verify the accuracy of the order and to immediately report any error.
Any order placed on the “ipone.fr” website constitutes the drawing-up of a contract entered into remotely between the Buyer and IPONE SA.
IPONE SA does not have as its mission to sell the Products on the “ipone.fr” website to professionals, but rather only to consumers for their personal needs.
IPONE SA therefore reserves the right to refuse orders of the same Product in significant quantities.
2.2 Unavailability of ordered products
If the ordered Products are unavailable at the time of delivery, IPONE SA shall immediately inform the Buyer of this by email and may offer him a product of an equivalent quality and price.
In the event of disagreement, the Buyer shall be reimbursed without delay and, in any event, at the latest within fourteen days of payment of the sums paid by the Buyer.
ARTICLE 3. Right of withdrawal
In accordance with the legal provisions in force, the Buyer shall have a period of fourteen days from reception of the Product to exercise his right of withdrawal with IPONE SA, without having to provide evidence of reasons or to pay a penalty, with a view to reimbursement, provided that the Products are returned in their original packaging and in perfect condition within fourteen days following notification to IPONE SA of its withdrawal decision.
Returns are to be made in their original, complete state (packaging, accessories, instructions, etc.), allowing them to be sold again in a new condition, accompanied by the purchase invoice.
Damaged, dirty or incomplete products shall not be accepted.
The right of withdrawal may be exercised online using the withdrawal form available on the “ipone.fr” website, in which case an acknowledgment of receipt on a durable medium shall be immediately sent by IPONE SA to the Buyer. The right of withdrawal may also be exercised by sending any other unambiguous declaration, expressing the desire to withdraw.
In the event of exercising the right of withdrawal within the aforementioned period of time, only the price of the Product(s) purchased and the delivery costs are to be reimbursed; the costs of the return shall be payable by the Buyer.
The reimbursement shall be carried out within a period of fourteen days from reception by IPONE SA of the Products returned by the Buyer pursuant to the conditions stipulated in this Article.
IPONE SA shall use the same means of payment for reimbursement of the sums paid by the BUYER as that used for the initial transaction.
ARTICLE 4. Products and packaging
IPONE SA reserves the right to modify the characteristics of the Products without notice in order to allow the buyer to benefit from technical progress. The packaging is filled under conditions deemed normal (temperature of 15°C). As each IPONE-brand Product is designed for a specific usage, it must be used in keeping with these usages and conditions in order to benefit from the high quality of the product.
ARTICLE 5. Prices
The Products are provided at the prices in force stated on the “ipone.fr” website at the time the order is registered by IPONE SA. Prices are stated in Euros, including all taxes.
Prices take into account any reductions which are granted by IPONE SA on the “ipone.fr” website.
These prices are final and non-reviewable during their period of validity, as indicated on the “ipone.fr” website, and IPONE SA reserves the right, outside of this period of validity, to modify the prices at any time.
They do not include the costs of processing, dispatch, transport and delivery, which are invoiced as extras, pursuant to the conditions indicated on the “ipone.fr” website, and calculated prior to the order being placed.
The payment requested of the Buyer corresponds to the total amount of the purchase, which shall include all of the aforementioned costs.
ARTICLE 6. Invoicing and terms of payment
Invoices shall be drawn up by IPONE SA in the name of the Buyer and sent to the address indicated on the purchase order. Invoices shall state any reductions and discounts.
The price shall be payable upfront in its totality on the day the order is placed by the Buyer, by means of secure payment using one of the following methods:
– by card: Visa, MasterCard, other cards (eg. e-Carte bleue);
– by PayPal.
The payment details are exchanged in encrypted form using the SSL protocol.
Payments made by the Buyer shall only be considered to be final after the actual receipt of the sums due by IPONE SA.
In addition, IPONE SA reserves the right, in the event of non-compliance with the terms of payment stated above, to suspend or cancel delivery of the orders in process made by the Buyer.
No additional cost greater than the costs borne by IPONE SA for the use of a means of payment may be invoiced to the Buyer.
Any sum not paid by the legal or contractual due date shall result in the application of penalties of an amount equal to three times the statutory interest rate.
These penalties shall be payable without any requirement for a reminder, at the simple request of IPONE SA. Except in the event of an agreement to the contrary, the amount of this late payment interest shall be lawfully charged to all the reductions, discounts and price cuts due by IPONE SA.
ARTICLE 7. Delivery
The Products ordered by the Buyer shall be delivered to Metropolitan France and Corsica within a period of three (3) days from the dispatch of the order to the address indicated by the Buyer at the time of his order on the “ipone.fr” website.
Delivery shall constitute transfer to the Buyer of physical possession of the Product.
Except in exceptional circumstances or the unavailability of one or more Products, the Products ordered shall all be delivered at the same time.
IPONE SA undertakes to make every endeavour to deliver the products ordered by the Buyer within the delivery times specified above. However, these delivery times are only provided as a guide. Nevertheless, if the ordered Products have not been delivered within a period of seven (7) days after the guide date for delivery, for any other cause than force majeure or a reason attributable to the Buyer, the sale may be terminated at the written request of the Buyer pursuant to the conditions provided for in Articles L 138-2 and L 138-3 of the Consumer Code.
The sums paid by the Buyer shall then be returned to him at the latest within fourteen days following the date of termination of the contract, with the exclusion of any compensation or deduction.
The Buyer is required to check the condition of delivered products. He shall have a period of three (3) days from delivery to draw up in writing (letter sent by post, email, fax) any reservations or complaints regarding non-conformity or visible defects of delivered Products (such as an already-opened damaged parcel), with all the evidence relating thereto (photographs in particular). Once this period of time has elapsed and in the event that these formalities have not been complied with, the Products shall be deemed to be compliant and exempt from any visible defect and no complaint may be validly accepted by IPONE SA.
IPONE SA shall reimburse or replace as soon as possible and at its costs the delivered Products, the non-conformities or the visible or hidden defects of which have been duly proven by the Buyer, pursuant to the conditions stipulated in Articles L 211-4 et seq. of the Consumer Code and the conditions stipulated in these general terms and conditions of sale.
ARTICLE 8. Transfer of ownership – Transfer of risks
The transfer of ownership of IPONE SA Products to the Buyer shall only occur after full payment of the price by the latter, and this shall be regardless of the delivery date of the aforementioned Products.
However, the transfer of the risks of loss and deterioration of Products shall only take place at the time that the Buyer takes physical possession of the Products. The Products are therefore transported at IPONE SA’s own risk.
ARTICLE 9. Guarantees
The Products sold on the “ipone.fr” website are compliant with the regulations in force in France and their performance is compatible with non-professional usages.
9.1 Legal guarantees:
The Products provided by IPONE SA lawfully benefit from the following without additional payment, irrespective of the right of withdrawal, in accordance with the legal provisions:
– the legal guarantee of conformity, for visibly defective, spoilt or damaged Products or Products not corresponding to the order, pursuant to the conditions of Articles L. 211-4 et seq. of the Consumer Code;
– the legal guarantee against hidden defects resulting from a material, design or manufacturing fault affecting the delivered products and rendering them unfit for use, pursuant to the conditions stipulated in Articles 1641 et seq. of the Civil Code; pursuant to the conditions and in accordance with the terms defined below.
9.2 Conditions of implementation of legal guarantees
A Buyer acting under the legal guarantee of conformity provided for in Articles L. 211-4 et seq. of the Consumer Code or under the guarantee of faults of the sold item within the meaning of Articles 1641 et seq. of the Civil Code, shall address his request to IPONE SA, to the address and the contact details appearing in ARTICLE 1 of these general terms and conditions of sale.
9.3 Effects of the implementation of legal guarantees
IPONE SA shall reimburse, replace or arrange the repair of Products or parts under guarantee deemed to be non-compliant or defective.
The dispatch costs shall be reimbursed on the basis of the invoiced price and the costs of return shall be reimbursed on presentation of supporting documents.
Reimbursements of Products deemed non-compliant or defective shall be carried out as soon as possible and at the latest within fourteen (14) days following the date that IPONE SA becomes aware of the lack of conformity or the hidden defect.
The reimbursement shall be made in the form of credit to the Buyer’s bank account or a cheque made out to the Buyer.
The liability of IPONE SA may not be incurred in the following cases:
– non-compliance with the legislation of the country in which the products are delivered, which it is the Buyer’s responsibility to verify,
– cases of incorrect use, use for professional purposes, negligence or lack of maintenance by the Buyer,
– in the event of normal wear and tear of the Product, an accident or force majeure.
IPONE SA’s guarantee is, in any event, limited to the replacement or reimbursement of non-compliant Products or Products affected by a defect.
A Buyer acting under the legal guarantee of conformity:
– has a period of two years from the date of delivery of the product to act;
– may choose between the repair or replacement of the item, subject to the conditions of cost stipulated by Article L. 211-9 of the Consumer Code;
– is exempt from providing proof of the existence of the lack of conformity of the item during the six months following the delivery of the item.
The legal guarantee of conformity is applicable irrespective of any commercial guarantee granted by IPONE SA.
The Buyer may decide to implement the guarantee against hidden defects of the item sold under Article 1641 of the Civil Code and, in this event, choose between the cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
ARTICLE 10. Cancellation of the sale
In the event of default of payment, and once fifteen days have elapsed without effect after issuing formal notice to the Buyer, IPONE SA may lawfully cancel the sale. IPONE SA may request the urgent return of the products, for which it shall have previously drawn up an inventory, without prejudice to any other damages.
ARTICLE 11. Liability and force majeure
IPONE SA’s liability may not be sought for any other event of force majeure or any circumstance outside of its control such as strikes, natural disasters, wars or riots affecting IPONE SA’s manufacturing plants or transport of the products.
IPONE SA’s liability may not be sought in the event of non-fulfilment or incorrect fulfilment of the contract of sale on the part of the Buyer, or on the part of a third party to the sale where this is unforeseeable and insuperable.
ARTICLE 12. IT and Liberties
In accordance with Law 78-17 of 6 January 1978, it is to be noted that the personally identifiable data which is requested of the Buyer is necessary for the processing of his order and for drawing up invoices, in particular.
This data may be notified to any partners of IPONE SA responsible for the execution, processing, management and payment of the orders.
The processing of the information communicated via the “ipone.fr” website was the object of a declaration to the CNIL (French National Commission for IT and Liberties).
The Buyer has, in accordance with the National and European regulations in force, the right of permanent access, modification, correction and opposition with regard to the information concerning him.
This right may be exercised pursuant to the conditions and in accordance with the terms defined on the “ipone.fr” website.
Article 13. Intellectual property
The content of the “ipone.fr” website is the property of IPONE SA and its partners and is protected by the French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an offence of counterfeiting.
In addition, IPONE SA remains the owner of all the intellectual property rights on photographs, presentations, studies, drawings, models, prototypes, etc. produced (even at the request of the Buyer) with a view to the provision of the Products to the Buyer.
The Buyer shall therefore refrain from any reproduction or utilisation of the aforementioned drawings, studies, models and prototypes, etc. without the prior express, written authorisation of IPONE SA which may demand a financial consideration in return.
Packaging bearing the IPONE brand may only be used for its products and may not under any circumstances be used for products other than its own. Any infringement of this rule shall expose its author to criminal proceedings and to the payment of damages.
The Buyer shall refrain from producing, reproducing, selling, distributing, offering or circulating any communication material (in particular, stickers, labels, websites, catalogues, etc.) using the brands, names, logos and images of IPONE SA and Red Bull without the prior express, written agreement of IPONE SA, on pain of incurring legal proceedings.
ARTICLE 14. Applicable law – Language
These general terms and conditions of sale and the transactions resulting from it are governed by and subject to French law.
These general terms and conditions of sale are drawn up in the French language. In the event that they are translated into one or more foreign languages, only the French text shall have authoritative status in the event of a dispute.
ARTICLE 15. Disputes
All disputes to which the purchase and sale transactions entered into in accordance with these general terms and conditions of sale may give rise, concerning their validity, interpretation, execution, termination, consequences and results and which are unable to be resolved between IPONE SA and the Buyer shall be submitted to the competent courts pursuant to the conditions of general law.
The Buyer is informed that he may, in any event, resort to conventional mediation, in particular with the Consumption Mediation Commission (Article L 534-7 of the Consumer Code) or with existing sector-specific mediation authorities or resort to any alternative method of settling disagreements, such as conciliation, in the event of a dispute.
ARTICLE 16 – Pre-contractual information – The Buyer’s acceptance
The Buyer recognises that he has been made aware, prior to placing his order, in a legible and understandable manner, of these general terms and conditions of sale and of all the information and details mentioned in Articles L111-1 to L111-7 of the Consumer Code and in particular:
– the essential characteristics of the Product, taking into account the communication material used and the Product concerned;
– the price of the Products and the related costs such as the delivery costs;
– in the absence of the immediate execution of the contract, the date or the delivery time by which IPONE SA undertakes to deliver the Product;
– the information relating to IPONE SA’s identity, its postal, telephone and electronic details and its activities, in the event that they are not apparent from the context,
– the information relating to the legal and contractual guarantees and to their terms of implementation;
– the functionality of the digital content and, if appropriate, its interoperability;
– the possibility of resorting to conventional mediation in the event of a dispute;
– the information relating to the right of withdrawal (existence, conditions, time period, terms of exercise of this right and withdrawal form template), the costs of sending back the Products, the terms of termination and other important contractual conditions.
When an individual (or legal entity) orders on the “ipone.fr” website, this implies full and complete compliance with and acceptance of these general terms and conditions of sale, which is expressly recognised by the Buyer, who waives the right, in particular, to avail of any document to the contrary, such document being unable to be invoked against IPONE SA.