Standard terms & conditions of sale
These standard terms of sale apply between STUDIO ELEVEN, a French simplified joint-stock company (société par actions simplifiée), registered with the Paris Trade and Companies Registry under number 794 849 372, having its registered office at 59 rue des Petits Champs – 75001 Paris, telephone number 0142618461, email address: email@example.com , individual tax identification number 794 849 372
any natural person making a purchase through the www.ingieparis.fr website
Hereinafter the “Buyer”
These standard terms and conditions set forth the terms of distance sales made between the Company and the Buyer, from the placement of the order to the payment and delivery. These standard terms and conditions govern all stages necessary for the placement of the order and the monitoring thereof between the contracting parties.
The placement of any order on the www.ingieparis.fr website published by STUDIO ELEVEN implies the acceptance of these standard terms and conditions without any reservation.
The Buyer represents that he is at least 18 years of age and has legal capacity or holds a parental authorisation enabling him to place an order on the Website.
ARTICLE 1: PRODUCT CONFORMITY AND AVAILABILITY
The products proposed for sale by STUDIO ELEVEN are the products listed on the Website as of the day of its perusal by the Buyer.
The products are proposed for sale within the limits of available stocks.
In case of error concerning the availability of an ordered product, STUDIO ELEVEN shall inform the Buyer by email as soon as possible. The Buyer shall be entitled to replace the product with another product of equivalent quality and price or to cancel the order.
The products proposed for sale are described and presented with the greatest accuracy possible. STUDIO ELEVEN shall in no event be held liable in case of error or omission in the said presentation. The photographs and texts illustrating the products are provided as indications only and have no contractual value.
ARTICLE 2: PRICE
The prices displayed on the Website are indicated in euros, and are inclusive of VAT, excluding carriage costs and order processing expenses.
Should the VAT rate be modified, such changes may be passed on to the price of the items without any prior notice to the Internet user.
ARTICLE 3: PAYMENT (SECURE PAYMENTS)
Orders may be settled by bank card or by cheque.
As regards online payments by bank card, only those cards showing the acronym CB, cards under the VISA, EUROCARD or MASTERCARD trademark accepted in France, or cards issued in connection with international networks and approved by the Cartes Bancaires Economic Interest Grouping (EIG) are accepted.
Confirmation of the order by means of the bank card number and expiration date shall be deemed an authorisation to pay the price of the said order.
The amount of the order shall be debited only upon shipment of the products.
Payments by cheque are to be made in euros by a bank domiciled in France. Cheques shall be cashed immediately upon receipt.
The Buyer shall make the cheque to the order of STUDIO ELEVEN SAS and send it to the following address: 59 rue des Petits Champs 75001 Paris.
In case of payment by banker’s cheque, the order shall be processed only upon receipt of the cheque.
STUDIO ELEVEN uses Société Générale’s SOCGENACTIF secure payment system (indicate the name of the relevant service). The confidential data related to the means of payment shall not be accessible by STUDIO ELEVEN, but shall be managed directly by the secure payment service.
In accordance with Article L.441-6 of the French Commercial Code, as in effect as of 1 January 2013, any late payment shall give rise to the payment of interest on the basis of three times the applicable statutory interest rate and a fixed collection fee of €40.
ARTICLE 4 : ORDER
Any order shall be deemed an express and irrevocable acceptance by the Buyer of the prices and descriptions of the products available for sale and of these standard terms and conditions.
After validation of the order, the Company shall send a confirmation email to the Buyer at the address indicated upon placement of the order.
ARTICLE 5 : DELIVERY
The ordered products shall be sent to the delivery address indicated by the Buyer upon placement of the order.
The amount of the participation in the logistical preparation expenses and shipping expenses is inclusive of VAT. All deliveries shall be notified by email.
The maximum delivery lead time is thirty days from the date of placement of the order for the product on the Website.
In case of non-compliance with the said lead time, the Buyer may cancel the order and be reimbursed within a period of 14 days.
ARTICLE 6 : AVAILABILITY
In case of unavailability of the ordered product, the Company shall inform the Buyer by sending an email to the email address indicated upon placement of the order.
The Buyer may then either receive the delivery of a product of equivalent quality and price, within the limit of available stocks, or may be reimbursed in the amount of the order within thirty days from payment of the order.
The expenses associated with the delivery of the new product shall be borne by STUDIO ELEVEN.
ARTICLE 7: WITHDRAWAL RIGHT
The Buyer is granted a period of fourteen clear days, from receipt of the products, in order to exercise his withdrawal right without having to give any reason or pay any penalty, save where applicable any return costs.
If the said fourteen-day period expires on a Saturday, Sunday or legal holiday, such period shall be extended until the next business day.
In case of exercise of the withdrawal right, STUDIO ELEVEN shall reimburse to the Buyer all amounts paid, including the delivery expenses, as soon as possible and at the latest within fourteen days from the date on which the said right has been exercised.
ARTICLE 8: RETURN
Effective from the date of receipt of the order, the Buyer shall be granted a period of ten days in order to return any product. After the said period, the delivered products shall be deemed to be in conformity and shall be accepted by the customer, and STUDIO ELEVEN reserves the right to refuse any exchange, credit note or reimbursement.
Any returned item must be in its initial packaging and must be accompanied with the completed return form.
ARTICLE 9: WARRANTIES AND LIABILITY
STUDIO ELEVEN shall be responsible for any non-conformity existing upon delivery of the product.
In case of delivery of a non-conforming product or in case of delivery of a product affected by a hidden defect, STUDIO ELEVEN agrees either to reimburse the price of the product to the Buyer, or to exchange the product for another identical product depending on available stocks or to exchange the said product for a product of equivalent quality and price, depending on availability.
Any action based on a product’s non-conformity shall be time-barred two years after delivery of the product.
Any action based on a product’s latent defect must be instituted by the Buyer within two years from discovery of the said defect.
These provisions are without prejudice to the withdrawal right provided for in Article 8 hereof.
Any products modified, repaired, integrated or added by the Buyer or by any other person not authorised by the supplier of the said product shall be excluded from the warranty.
The warranty shall not cover any products damaged during transportation or because of any improper use.
STUDIO ELEVEN shall not be held liable in case of breach of its contractual obligations due to any case of force majeure or hardship as defined by case law.
ARTICLE 10: PERSONAL DATA
STUDIO ELEVEN agrees to comply with the confidentiality of the personal data communicated by the Buyer on the Website and to treat such data in compliance with the provisions of the French Data Protection Act of 6 January 1978.
In accordance with the French Data Protection Act of 6 January 1978, the Buyer may exercise his right of access to the file and his right of opposition, correction and elimination as regards any information related to him by sending a request by email to the following address: firstname.lastname@example.org (indicate the address) or by post to the following address: 59 rue des Petits Champs 75001 Paris (indicate the address)
ARTICLE 11: INTELLECTUAL PROPERTY
All elements of the Website are protected by copyright, trademarks or patents. The said elements are the exclusive property of STUDIO ELEVEN.
ARTICLE 12: GOVERNING LAW - JURISDICTION
These standard terms and conditions of sale shall be performed and interpreted in accordance with French law. In case of any dispute, French courts shall have sole jurisdiction.
ARTICLE 13: AMENDMENT OF THE STANDARD TERMS AND CONDITIONS OF SALE
STUDIO ELEVEN reserves the right to adapt or amend these standard terms and conditions of sale at any time. In case of amendment, the standard terms and conditions of sale in effect as of the date of the order shall be applied to each order.
ARTICLE 14: FIXED FEE FOR COLLECTION EXPENSES
French Decree No. 2012-1115 of 2 October 2012 applying French Act No. 2012-387 of 22 March 2012 on the simplification of applicable legal rules and the streamlining of administrative procedures, implementing European Directive No. 2011/7/EU of 16 February 2011 concerning the suppression of late payments in transactions, sets forth that any merchant making a late payment henceforth owes to the creditor a fixed €40 fee for collection expenses, in addition to the penalties for late payment.
Updated on 19 February 2015