GENERAL SALES CONDITIONS
ARTICLE 1: Recitals
ARTICLE 2: Offer of the company ANNE BENOIT CREATION
ARTICLE 3: Order processing
ARTICLE 4: Amount settlement
ARTICLE 5: Delivery
ARTICLE 6: Order reception
ARTICLE 7: General return conditions
ARTICLE 8: Special conditions of return for withdrawal
ARTICLE 9: Invoice
ARTICLE 10: Prices, taxes and exportations
ARTICLE 11: Intellectual property
ARTICLE 12: Legal information and responsibilities
ARTICLE 1: RECITALS
1-1 – The joint stock company ANNE BENOIT CREATION: How to contact us
ANNE BENOIT CREATION is a joint stock company with a capital of €10 000, registered with the commerce and companies register of BASTIA 20200 under the number 502 520 000 000 14.
Our customer service is available to assist you in selecting the products best suited to your needs:
• by phone: +33 4 95 38 78 19
• by email: on our website, from the "contacts" section
Our customer service is available to you if you wish to follow up on the handling of your order or exercise your right of withdrawal:
• by telephone: +33 4 95 38 78 19
• by email: connection to the "contacts" tab of our website
Our customer service is available to you for any questions or requests for information:
• by phone: +33 4 95 38 78 19
• by email: on our website, from the "contacts" section
We remind you that you may also write us at the following address:
15 boulevard du Général de Gaulle 20200 BASTIA - FRANCE
1-2 – The www.imiza.com boutique: What information is provided?
The ANNE BENOIT CREATION company has established, and operates, the www.imiza.com website
The imiza.com website is available in French and English. In normal circumstances, the following information is provided:
Legal information precisely identifying the ANNE BENOIT CREATION company
The essential characteristics of the products on offer, their price in euros, and the shipping costs if applicable.
The applicable periods for the exercise of your right of withdrawal.
1-3 – You: How important are you to us?
You are a consumer.
We are committed to do our best to satisfy you in order to build a friendly, long-lasting, trusting relationship. Our services are therefore available to you, and we are attentive to your remarks.
By placing your order, you recognise having the full legal capacity to agree to the present general sales conditions.
1-4 – The general sales conditions: What do they determine?
All the orders that you place on this website are subject to the present general sales conditions. These were determined to establish the sales process as well as the rights and obligations that result from it.
We inform you that, since you are ordering products online, your agreement to the content of the present general sales conditions does not require a handwritten signature.
We ensure the text of the general sales conditions is regularly adapted.
These conditions are therefore continually available for you to download, save and copy.
The sales agreement of a product purchased on the website includes both the order form and the general sales conditions in force at the time of the order.
1-5 – Online orders: What traces remain after a sale is completed?
Subject to proof of the contrary, our data registers, which are maintained in reasonable security conditions, shall attest to communications, orders and payments that have taken place.
We shall archive the order forms and invoices on a reliable, durable support so that they may be produced as legal evidence.
With a simple request, you may access information concerning orders of an amount of 120 Euros or more.
ARTICLE 2: THE OFFERS OF IMIZA.COM
2-1 – The conditions of the offers: Product availability?
Our product and price offers are valid as displayed on the website while supplies last.
If the products you order are unavailable, your order will be automatically cancelled, and you will be reimbursed without further compensation if your bank account has effectively been charged.
2-2 – The identification of products: What information is supplied?
The photographs, texts, graphics and technical information of the products are provided by the ANNE BENOIT CREATION company.
The photos are provided for illustrative purposes. We invite you to consult the description of each product to learn of its precise characteristics, and if you have a doubt or would like additional information, feel free to contact us at +33 4 95 38 78 19
2-3 – Marketing of products
The products that we offer are compliant with the laws and standards applicable in France.
For any export purchase, it is your responsibility to verify the specific laws in force in the country concerned, including those relative to taxes, declarations, prohibited products, and so on.
We cannot be held liable in case of non-compliance with the legislation of the country where the product is delivered. It is your responsibility to consult the local authorities for information on the importation or use of the products that you are planning to order.
ARTICLE 3: ORDER PROCESSING
3-1 – Order
• Online: www.imiza.com
• You may also order by phone: +33 4 95 38 78 19 (cost of a toll-free local call), Monday to Friday, 10 a.m. to 12 p.m. and 2 p.m. to 4 p.m.
The contractual information is displayed in French, and it is subject to your confirmation at the latest upon your validation of the order.
3-2 – Information upon ordering: What details to provide?
When placing your order, you must verify that the information that you provide – and in particular the delivery address – is exhaustive and consistent.
We cannot be held liable for any typing errors or the consequences that may result from them (delivery delays or errors, for example). In this context, you remain responsible for the fees involved in sending your order back to you.
ARTICLE 4: AMOUNT SETTLEMENT
4-1 – Payment modes: How to pay?
To pay for your order, you may choose among the payment modes proposed at the final validation step of the order process:
• Payment card,
If you will be paying by cheque, please note that it must be issued by a bank based in metropolitan France.
An order settled by cheque will be handled when the payment is received, and the cheque will be immediately cashed. The delivery times begin on the date that this type of payment is effectively cashed.
An order settled using a payment card (Visa, Carte Bleue, MasterCard or American Express) will be charged when the parcel is sent.
4-2 – Online payment: How secure is it?
By validating the order form, you certify that you possess the necessary authorisations to use the payment mode that you select.
We certify that the details of the payment cards are encrypted using SSL (Secure Sockets Layer) protocol and that they are never sent across the network in unscrambled form. Payment is directly settled with the bank.
4-3 – Payment in full: The principle
The order is to be paid in full at the time it is placed.
The amount paid cannot be considered a deposit.
An order will be considered paid in full when all the products are sent and you have settled all the products and their shipment in full.
4-4 – Incomplete payment: What effect on the order?
We reserve the right to refuse to make a delivery or to honour an order if a previous order on your account remains to be totally or partially settled, or if a payment dispute remains to be settled.
We retain full ownership of the products for sale until the full settlement of all the amounts due when you order is placed (fees and taxes included).
However, when you receive the goods, the risk liability is transferred to you. You must therefore verify that the products are in good condition upon receipt.
In the case of retail sale, the client must immediately inform the retailer by mail in order for the latter to be able to exercise, if necessary, their claim right regarding the price against the third-party purchaser, and to inform the third-party purchaser of the existence of a retention of title clause.
ARTICLE 5: DELIVERY
5-1 – Mode of transport: What are the options?
The products are delivered to the address that you enter into the order form.
5-2 – Delivery times: When will the products arrive?
The applicable delivery times are those indicated when you validate your order.
However, please note that any order settled by cheque will only be handled when the payment is received. The delivery times must be recalculated from the date that this type of payment is effectively cashed.
The ANNE BENOIT CREATION company cannot be held responsible for any delivery delays. For information, please find here the habitual delivery times provided by the La Poste company: France: D+2. Elsewhere in Europe and the Maghreb: D+3 to D+ 7. Elsewhere in the world: D+5 to D+9.
5-3 – Delivery delay: What to do?
In case of a delivery delay on the part of the La Poste company following the shipping date indicated in the "follow-up - notification of shipping" message, we suggest that you verify with your post office to see whether the parcel is being held there. If so, we invite you to contact our Customer Service by phone or email to inform us of the delay (see Art.1.1).
We will then contact La Poste in order to open an investigation.
This La Poste investigation may last up to 21 business days beginning on the date it is opened. If the parcel is found during this period, it will be forwarded to your home address as quickly as possible. If, however, the parcel is still not found following these 21 business days, La Poste will have to consider the parcel as lost.
Once the investigation is finished, and after confirmation of the loss of the parcel by the La Poste company, we will send you a replacement order (complimentary postage). If the product(s) ordered are no longer available, you may obtain the reimbursement of the products specified in the carrier-confirmed declaration of the loss.
ARTICLE 6: ORDER RECEPTION
6-1 – The person receiving the parcel: What care should be taken?
Attention: if you entrust the reception of your parcel to a third party (the caretaker of your building, the receptionist of your office, etc.), that party takes delivery in your name and on your behalf.
Since you are charging that person with this responsibility, you should ask that he or she observe the usual precautions, taking the same care as if he or she were personally the recipient.
We ask you to be particularly watchful when taking receipt of your order, concerning its verification (§9.2) and the assessment of any irregularities. (6.3)
6-2 – Initial verification: What usage precautions should be taken?
We invite you (or the person taking delivery on your behalf) to verify the apparent state of the products with the carrier upon delivery. Regardless of the carrier, when an apparent irregularity has been noticed (such as damage, a product listed on the delivery note but missing from the parcel, a deteriorated parcel, broken products, etc.), you are required to:
- Open the parcel in the presence of the carrier, and
- Take detailed note of your apparent irregularity in manuscript form and have the carrier sign in the margin. The irregularities noted by the recipient upon delivery constitute a means for the proof of the existence of, and the extent of, the damage. Make sure that your notes are precise and thorough (a note as simple as "subject to unpacking" is considered too general and imprecise), and
- Inform the ANNE BENOIT CREATION company by registered mail within three business days following the delivery of your parcel.
If you encounter any problems upon receipt, it is essential that you keep the elements in the same condition in which they were delivered (inner and outer wrappings included).
If the products must be sent back, please make a request for return by sending a regular letter to "SAS ANNE BENOIT CREATION 15 boulevard du Général de Gaulle 20200 BASTIA, FRANCE".
If you make this request, you must include the copy of the letter addressed to the carrier or the "report of spoliation" or "statement of irregularity" provided by the carrier. In case of absence of irregularity relating to transport. The return will be made according to the provisions stated in Article 7 hereafter.
In any event, these precautions do not preclude the possibility of benefiting from legal guarantees and exercising the right of withdrawal.
6-3 – You notice an irregularity or a spoliation: How to react?
In the case of a delivery made by the La Poste company, if the parcel arrives opened and/or damaged (in particular if it has been fastened with the yellow "La Poste" adhesive band), you may accept or refuse its delivery.
If you or your representative decide(s) to accept the goods, you must be careful to:
- Take detailed notes of the apparent irregularity, in manuscript form (see §6.2), and
- Fill in a "statement of irregularity" concomitantly, as required by La Poste. This form must be sent to us in order for us to be able to open an investigation and begin the reimbursement process if applicable.
If you or your representative prefer(s) to refuse the delivery, in addition to establishing "detailed notes of the apparent irregularity, in manuscript form", you must ask the carrier to send the parcel back to us, along with a "report of spoliation" (report 170). As a preventative measure, we recommend that you keep a copy of this form.
6-4 – You notice a delivery error: What to do?
• Error of recipient. In the case where you receive a delivery that was not intended for you, we ask that you kindly keep the parcel in the same condition and to inform our customer service as soon as possible:
- Either by phone: +33 4 95 38 78 19 (cost of a toll-free local call), Monday to Friday, 10 a.m. to 12 p.m. and 2 p.m. to 4 p.m.
- Or by connecting to our website www.imiza.com in the "contacts" section
• Products delivered not compliant with the order. In case of a non-compliant product, you may make a claim with our customer service:
- Either by phone: +33 4 95 38 78 19 (cost of a toll-free local call), Monday to Friday, 10 a.m. to 12 p.m. and 2 p.m. to 4 p.m.
- Or by connecting on our website www.imiza.com in the "contacts" section
You will be asked to precisely describe the grounds for non-compliance.
ARTICLE 7: GENERAL RETURN CONDITIONS
7-1 – Effective handling of returns:
We commit to do our best to resolve any problems that you might encounter as quickly as possible.
We inform you that you may be asked to provide certain documents relating to the package(s). You should therefore keep all the elements you receive (including the wrapping) until the claim is fully resolved.
7-2 – A complete return of the order: Document + product.
When returning merchandise, we recommend that you wrap up the original wrappings of the parcel, since we can only accept products that are sent back in their entirety with their original wrappings. They must be intact, unused, and in good condition.
You must include a copy of the invoice with your return.
Reimbursement or exchange implies that you have not damaged the product and that you have sent it back in full.
7-3 – Return risks: Precautions to take.
Please note that in the absence of a prepaid label, you must return the product:
- By declaring the value of the product as shown on the purchase invoice,
- Ensuring full return risk insurance coverage in the amount of the purchase invoice.
7-4 – In the case of an error or of non-compliance: The return is under our responsibility
In case of a delivery error or proven non-compliance: a prepaid label will be sent to you by mail so that you may send back the product(s) at our expense (unless we directly call upon a carrier to collect the goods at your home address, depending on the mode of transport used for the delivery). If a prepaid label is provided, the goods to be returned should rapidly be sent to our customer service with their complete, original wrapping in good condition. In any case, you should choose wrapping that is well suited for the return.
ARTICLE 8: SPECIAL CONDITIONS OF RETURN FOR WITHDRAWAL
8-1 – The duration of the right of withdrawal: What are the time periods?
In accordance with the applicable legal provisions, you have a period of seven calendar days from the day after receipt of your products to exercise your right of withdrawal of purchase from SAS ANNE BENOIT CREATION without having to justify a reason or pay a penalty fee to return, at your expense, the products that do not suit you. After this period, you no longer have a right of withdrawal.
If this period expires on a weekend, bank holiday or public holiday, it is extended to the next business day.
8-2 – Exercising the right of withdrawal: How to go about it?
In order to ensure that your return is handled correctly, we invite you to notify our customer service of it in advance:
- Either by connecting to our website in the "contacts" section, where you may ask a question after identifying yourself and determining your order number
- Either by telephone: +33 4 95 38 78 19 (cost of a toll-free local call), Monday to Friday, 10 a.m. to 12 p.m. and 2 p.m. to 4 p.m.
If you are exercising your right of withdrawal, you may request either the reimbursement of the amount settled, or an exchange in an amount equal to the amount settled, in accordance with the applicable legal provisions. This right of withdrawal may be exercised without a penalty fee. However, you shall bear the cost of the return consignment. You must make sure that the order for which you are exercising your right of withdrawal is sent back complete as stipulated in the aforementioned Articles 7.2 and 7.3.
8-3 – Exercising the right of withdrawal: What are your choices?
If you are exercising your right of withdrawal, we will use our best efforts to reimburse you within 15 days following the receipt of the return.
You will then be reimbursed through a re-credit system (secure transaction) if you used a payment card to settle the amount, or by cheque if you used a different payment method.
ARTICLE 9: THE INVOICE
9-1 – An invoice showing the detailed list of purchases is included in the parcel.
ARTICLE 10: PRICES, TAXES AND EXPORTATIONS
10-1 – Price calculation:
The prices of our products are indicated in euros, tax-inclusive, exclusive of shipping and handling costs.
The ANNE BENOIT CREATION company reserves the right to modify its prices at any time, but the products will be billed based on the prices in force when your order is validated.
10-2 – In case of a delivery to a country other than metropolitan France
You will only be eligible for the reimbursement of French VAT corresponding with the product(s) ordered if you meet the conditions required to benefit from duty-free sales.
Any request relating to duty-free sales and/or intra-Community VAT must be made after the invoicing of the product(s) in question.
In case of a delivery to a country other than metropolitan France, you are considered the importer of the product(s) in question. For all products delivered outside the European Union and the French overseas departments and territories, the price will be automatically calculated exclusive of tax on the invoice. The order may be subject to customs duties, local taxes, importation duties or state taxes. These duties and fees are not due to any action on the part of the ANNE BENOIT CREATION company. They remain at your expense and are your full responsibility, both in terms of reporting and of payments to the relevant authorities and organisations of your country. We recommend that you enquire with your local authorities on these subjects.
We reserve the right to refuse any request for duty-free sales that does not fulfil the conditions specified in these general sales conditions and those established by customs authorities.
ARTICLE 11: INTELLECTUAL PROPERTY
11.1 - All the texts, comments, illustrations, photos and images reproduced or represented on the www.imiza.com website are strictly reserved throughout the world under copyright and intellectual property rights.
As such, and in accordance with the provisions of the French Intellectual Property Code, only private usage subject to various provisions – or to even more restrictive intellectual property provisions – is authorised. Any total or partial reproduction or representation of the www.imiza.com website is strictly prohibited.
ARTICLE 12: LEGAL INFORMATION AND RESPONSIBILITIES
12-1 – Disclaimer: In case of force majeure.
Any events or circumstances which are unavoidable, unforeseen and beyond the control of the parties shall be considered as force majeure or fortuitous occurrence, and shall relieve the parties from their liability.
In such circumstances, a reconciliation should be sought in order to examine the consequences of the event and agree upon conditions for the continued performance of the contract.
12-2 – The French Data Act: What are your rights?
We require your personal information and data in order to handle your order and our relations with you as a customer. This information may be sent to companies contributing to these relations such as those that are in charge of carrying out services and orders for their processing, performance, handling and payment. This information and data are also recorded for security reasons, in order to comply with our legal and regulatory obligations, and to enable us to improve and personalise the services that we offer you and the information that we send you.
In accordance with the French Data Act, Law n°78-17 of 6 January 1978, you have a right to access and rectify your information, and you may exercise this right by writing to the following address:
ANNE BENOIT CREATION, 15 boulevard du Général de Gaulle, 20200 BASTIA, FRANCE
Depending on the choices that you have expressed when creating or consulting your account, you may receive offers from our company. If you do not wish to receive any further offers, you may make a request at any time through our client space or by writing to the above address.
We inform you that our automatic data processing system – and in particular our management of user email addresses – has been declared to the CNIL under the reference n° 1437659.
12-3 – International sales: Application of French law
Any dispute that may arise from your order, regarding for example its performance, interpretation, validity or cancellation, shall be governed by French law (in form and content) except for the provisions of the Vienna Convention of 11 April 1980 on the international sale of merchandise.
The court of Bastia 20200 shall have exclusive jurisdiction to settle any dispute.
Scope of these conditions: the invalidity of one provision does not affect the other provisions
If one or several provisions of these conditions shall be held invalid or declared as such pursuant to any law, regulation, or the final decision of a competent authority, the other provisions shall remain in full force and effect.