Ipone

General terms and conditions of sale

In effect in 15/06/2020

ARTICLE 1 - Scope of application

These General Terms and Conditions of Sale (the "GTC") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("the Customers or the Customer") wishing to purchase the products offered for sale ("the Products") by the Seller on the https://www.ipone.com website. The Products offered for sale on the site are the following:

● Lubricants, motorbike care and maintenance products, motorbike equipment, workshop equipment, clothing and accessories.

The main characteristics of the Products, and notably the specifications, illustrations and indications of the dimensions or capacity of the Products, are presented on the website https://www.ipone.com. The client must read these characteristics before placing an order.

The choice and purchase of a Product are the sole responsibility of the Customer.

Product offers are subject to the availability of stocks, as specified when the order is placed.

These GCS are accessible at any time on the website https://www.ipone.com and shall prevail over any other document.

The Customer declares having read these GCS and having accepted them by ticking the box provided for this purpose prior to the implementation of the online ordering procedure on the https://www.ipone.com website.

In the absence of proof to the contrary, the data recorded in the Vendor's computer system constitutes proof of all transactions concluded with the Customer.

The Seller's contact details are as follows:

IPONE, SA

Capital social de 100000 euros

Registered: RCS de Aix-en-Provence, with the number 342 438 702

Chemin de la Meunière 13480 CABRIES (FRANCE)

mail : info@ipone.fr

Phone : 04 42 94 05 65

French tax ID: FR79342438702

ARTICLE 2 - Price

The Products are supplied at the current prices shown on the website https://www.ipone.com, at the time the order is recorded by the Seller.

Prices are expressed in Euros, exclusive of tax and including all taxes.

The prices take into account any discounts that may be granted by the Seller on the website https://www.ipone.com.

These prices are firm and non-revisable during their period of validity but the Seller reserves the right, outside the period of validity, to modify the prices at any time.

Prices do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the site and calculated prior to placing the order.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

An invoice is drawn up by the Seller and given to the Customer upon delivery of the Products ordered.

ARTICLE 3 – Orders

It is up to the Customer to select on the https://www.ipone.com website the products he/she wishes to order, according to the following terms and conditions:

The Customer chooses a Product that he puts in his basket, a Product that he may delete or modify before validating his order and accepting the present general terms and conditions of sale. He will then enter his details or log on to his space and choose the delivery method. After validation of the information, the order will be considered final and will require payment from the Customer according to the terms and conditions.

Product offers are valid as long as they are visible on the site, within the limits of available stocks.

The sale will only be considered valid after full payment of the price. It is the Customer's responsibility to check the accuracy of the order and to report any errors immediately.

Any order placed on the site https://www.ipone.com constitutes the formation of a contract concluded remotely between the Customer and the Seller.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over payment of a previous order.

The Customer will be able to follow the progress of his order on the site.

ARTICLE 4 - Payment conditions

The price is paid by secure payment, according to the following methods:

● payment by credit card

The price is payable in cash by the Customer, in full on the day the order is placed.

Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider involved in banking transactions carried out on the https://www.ipone.com website.

The payments made by the Customer will only be considered final after effective collection by the Seller of the sums due.

The Seller shall not be obliged to deliver the Products ordered by the Customer if the Customer does not pay the full price in accordance with the conditions indicated above.

ARTICLE 5 - Deliveries

The Products ordered by the Customer will be delivered in the UK

Deliveries are made within 2-5 days to the address indicated by the Customer when ordering on the site.

Delivery consists of the transfer to the Customer of physical possession or control of the Product. Except in special cases or the unavailability of one or more Products, the Products ordered will be delivered in a single delivery.

The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer within the time limits specified above.

If the Products ordered have not been delivered within 1 month after the indicative delivery date, for any reason other than force majeure or the Customer's fault, the sale may be cancelled at the Customer's written request under the conditions set out in Articles L 216-2, L 216-3 and L241-4 of the French Consumer Code. The sums paid by the Client will then be returned to him at the latest within fourteen days following the date of termination of the contract, to the exclusion of any compensation or deduction.

Deliveries are made by an independent carrier, to the address mentioned by the Customer at the time of the order and to which the carrier will have easy access.

Where the Customer has itself appointed a carrier of its own choosing, delivery shall be deemed to have been made as soon as the Products ordered by the Seller have been handed over to the carrier who has accepted them without reservation. The Customer therefore acknowledges that it is up to the carrier to make the delivery and has no warranty claim against the Seller in the event of failure to deliver the goods transported.

In the event of a specific request from the Customer concerning the packaging or transport conditions of the products ordered, duly accepted in writing by the Seller, the related costs will be subject to a specific additional invoice, based on an estimate previously accepted in writing by the Customer.

The Customer is obliged to check the condition of the products delivered. The Customer has 14 days from delivery to make complaints by e-mail, accompanied by all the relevant documents (in particular photos). After this period and failing to comply with these formalities, the Products shall be deemed to be in conformity and free of any apparent defect and no complaint may be validly accepted by the Seller.

The Seller shall reimburse or replace, as soon as possible and at its own expense, the Products delivered for which the Customer has duly proven the lack of conformity or the apparent or hidden defects, under the conditions provided for in Articles L 217-4 et seq. of the French Consumer Code and those provided for in these GCS.

The transfer of the risks of loss and deterioration relating thereto will only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk and peril, except when the Customer himself has chosen the carrier. In this respect, the risks are transferred at the time the goods are handed over to the carrier.

ARTICLE 6 - Transfer of ownership

The transfer of ownership of the Seller's Products to the Customer shall only take place after full payment of the price by the Customer, regardless of the delivery date of said Products.

ARTICLE 7 - Right of withdrawal

According to the terms of Article L221-18 of the Consumer Code "The consumer has a period of fourteen days to exercise his right to withdraw from a contract concluded at a distance, following a telephone or off-premises canvassing, without having to give reasons for his decision or to bear any costs other than those provided for in Articles L. 221-23 to L. 221-25.

The period referred to in the first paragraph shall run from the date :

1° From the conclusion of the contract, for contracts for the provision of services and those mentioned in Article L. 221-4 ;

2° From the receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. For off-premises contracts, the consumer may exercise his right of withdrawal from the conclusion of the contract.

In the case of an order for several goods delivered separately or in the case of an order for a good consisting of multiple lots or parts whose delivery is staggered over a defined period, the period shall run from receipt of the last good or lot or the last part.

In the case of contracts providing for the regular delivery of goods over a defined period, the period shall run from receipt of the first good. »

The right of retraction may be exercised online in your "my account" area by selecting the order concerned or via any other declaration, free of ambiguity, expressing the wish to retract and notably by post addressed to IPONE SA at the postal or email address indicated in ARTICLE 1 or by email at the following address: sav@ipone.fr.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be remarketed as new, accompanied by the purchase invoice.

Damaged, soiled or incomplete Products will not be taken back.

The return costs remain at the expense of the Customer.

The exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article.

ARTICLE 8 - Seller's liability - Warranties

The Products supplied by the Seller benefit from :

● of the legal guarantee of conformity, for Products that are defective, damaged or not corresponding to the order,

● of the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and rendering them unfit for use,

Provisions relating to legal guarantees

Article L217-4 of the Consumer Code

"The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It is also liable for defects of conformity resulting from packaging, assembly instructions or installation when this was made at its expense by the contract or was carried out under its responsibility. »

Article L217-5 of the Consumer Code

"The property is in conformity with the contract:

1° If it is fit 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 seller has presented to the buyer in the form of a sample or model;

- if it has the qualities that a buyer may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

2° Or if it has the characteristics defined by mutual agreement between the parties or if it is suitable for any special use sought by the buyer, brought to the seller's knowledge and accepted by the latter. »

Article L217-12 of the Consumer Code

"The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods. »

Article 1641 of the Civil Code.

"The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known about them. »

Article 1648 paragraph 1 of the Civil Code

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

Article L217-16 of the Consumer Code.

"When the buyer asks the seller, during the course of the commercial guarantee granted to him when acquiring or repairing a movable item, to repair the item covered by the guarantee, any period of immobilisation of at least seven days shall be added to the remaining duration of the guarantee. This period starts from the date of the buyer's request for intervention or from the date the goods are made available for repair, if this availability is subsequent to the request for intervention. »

In order to assert its rights, the Customer must inform the Seller, in writing (e-mail or letter), of the non-conformity of the Products or the existence of hidden defects as soon as they are discovered.

The Seller shall reimburse, replace or have repaired the Products or parts under warranty that are deemed to be non-compliant or defective.

Shipping costs will be reimbursed on the basis of the invoiced price and return shipping costs will be reimbursed upon presentation of supporting documents.

Refunds, replacements or repairs of Products deemed to be non-compliant or defective will be made as soon as possible and no later than 14 days following the Seller's discovery of the lack of conformity or latent defect. This reimbursement may be made by bank transfer or cheque.

The Seller shall not be held liable in the following cases:

● failure to comply with the legislation of the country in which the products are delivered, which it is up to the Customer to check,

● in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the Product, accident or force majeure.

● The photographs and graphics presented on the site are not contractual and do not engage the responsibility of the Seller.

The Seller's warranty is, in any event, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect. The Products supplied by the Seller are covered by the following terms and conditions:

● of the legal guarantee of conformity, for Products that are defective, damaged or damaged or that do not correspond to the order,

● of the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and rendering them unfit for use,

Provisions relating to legal guarantees

Article L217-4 of the Consumer Code

"The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It is also liable for defects of conformity resulting from packaging, assembly instructions or installation when this was made at its expense by the contract or was carried out under its responsibility. »

Article L217-5 of the Consumer Code

"The property is in conformity with the contract:

1° If it is fit 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 seller has presented to the buyer in the form of a sample or model;

- if it has the qualities that a buyer may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

2° Or if it has the characteristics defined by mutual agreement between the parties or if it is suitable for any special use sought by the buyer, brought to the seller's knowledge and accepted by the latter. »

Article L217-12 of the Consumer Code

"The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods. »

Article 1641 of the Civil Code.

"The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known about them. »

Article 1648 paragraph 1 of the Civil Code

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

Article L217-16 of the Consumer Code.

"When the buyer asks the seller, during the course of the commercial guarantee granted to him when acquiring or repairing a movable item, to repair the item covered by the guarantee, any period of immobilisation of at least seven days shall be added to the remaining duration of the guarantee. This period starts from the date of the buyer's request for intervention or from the date the goods are made available for repair, if this availability is subsequent to the request for intervention. »

In order to assert its rights, the Customer must inform the Seller, in writing (e-mail or letter), of the non-conformity of the Products or the existence of hidden defects as soon as they are discovered.

The Seller shall reimburse, replace or have repaired the Products or parts under warranty that are deemed to be non-compliant or defective.

Shipping costs will be reimbursed on the basis of the invoiced price and return shipping costs will be reimbursed upon presentation of supporting documents.

Refunds, replacements or repairs of Products deemed to be non-compliant or defective will be made as soon as possible and no later than 14 days following the Seller's discovery of the lack of conformity or latent defect. This reimbursement may be made by bank transfer or cheque.

The Seller shall not be held liable in the following cases:

● failure to comply with the legislation of the country in which the products are delivered, which it is up to the Customer to check,

● in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the Product, accident or force majeure.

● The photographs and graphics presented on the site are not contractual and do not engage the responsibility of the Seller.

The Seller's warranty is, in any event, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.

ARTICLE 9 - Personal data

The Customer is informed that the collection of its personal data is necessary for the sale of the Products and their delivery/delivery, entrusted to the Seller. This personal data is collected solely for the performance of the sales contract.

The Customer is also informed that the collection of its personal data is also necessary for the following purposes:

The personal data may be used to send news, promotions and other good deals in compliance with the RGPD laws...

9.1 Collection of personal data

The personal data collected on the https://www.ipone.com website are as follows:

Order of Products :

When the Customer orders Products:

Names, first names, postal address, telephone number and e-mail address.

Payment

As part of the payment for the Products offered on the https://www.ipone.com website, the latter records financial data relating to the bank account or credit card of the Customer/user.

9.2 Recipients of personal data

Personal data is used by the Seller and its co-contractors for the performance of the contract and to ensure the efficiency of the sale and delivery of the Products.

The category or categories of co-contractor(s) is (are) :

● Transport service providers

● Providers payment institutions

9.3 Data controller

The data controller is the Seller, within the meaning of the French Data Protection Act and, from 25 May 2018, of Regulation 2016/679 on the protection of personal data.

9.4 limitation of processing

Unless the Customer expresses his express consent, his personal data will not be used for advertising or marketing purposes.

9.5 Data retention period

The Seller will keep the data thus collected for a period of 5 years, covering the time of the applicable contractual civil liability limitation period.

9.6 Security and confidentiality

The Seller implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised access. However, please note that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.

9.7 Implementation of the rights of Customers and users

In application of the regulations applicable to personal data, Customers and users of the https://www.ipone.com website have the following rights:

● They can update or delete the data concerning them in the following manner:

By sending an e-mail to info@ipone.fr, the Customer may request the deletion of his personal data .

● They may delete their account by writing to the e-mail address indicated in article 9.3 "Data controller".

● They may exercise their right of access to know their personal data by writing to the address indicated in article 9.3 "Data controller".

● If the personal data held by the Seller is inaccurate, they may request that the information be updated by writing to the address indicated in article 9.3 "Data controller".

● They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in article 9.3 "Data controller".

● They may also request the portability of data held by the Seller to another service provider.

● Finally, they can oppose the processing of their data by the Seller.

These rights, as long as they do not conflict with the purpose of the processing, may be exercised by sending a request by post or e-mail to the Data Controller whose details are indicated above.

The data controller must provide a response within a maximum period of one month.

In the event of refusal to grant the Customer's request, reasons must be given.

The Customer is informed that in the event of refusal, he may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.

The Customer may be asked to tick a box under which he agrees to receive informative and advertising e-mails from the Seller. He will always have the possibility of withdrawing his agreement at any time by contacting the Seller (contact details above) or by following the unsubscribe link.

ARTICLE 10 - Intellectual Property

The content of the site https://www.ipone.com is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly forbidden and is likely to constitute a counterfeiting offence.

ARTICLE 11 - Applicable law - Language

These GTC and the operations arising from them are governed and subject to French law.

These GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.

ARTICLE 12 - Litigation

For any complaint, please contact customer service at the Seller's postal or e-mail address indicated in ARTICLE 1 of these GCS.

The Customer is informed that he may in any event have recourse to conventional mediation, to existing sectoral mediation bodies or to any alternative dispute resolution method (e.g. conciliation) in the event of a dispute. 

In this case, the appointed mediator is

Medicys

MEDICYS – 73 Boulevard de Clichy – 75009 PARIS

https://app.medicys-consommation.fr

E-mail : https://app.medicys.fr/. 

The Client is also informed that he may also resort to the Online Dispute Resolution (OLR) platform https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show.

All disputes to which the purchase and sale operations concluded in application of these GCS and which have not been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts under the conditions of common law.

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