General Conditions of Sale and Use

Scope of application

These conditions apply to all uses of the Site imanparis.fr by natural or legal persons, adults and/or legally capable.

This document applies, without restriction or reservation, to all sales concluded between the Parties in France and abroad. No special condition may, except in the case of a formal exception written and signed by the Customer and the Seller, prevail over these General Terms and Conditions of Sale and Use. If one of the clauses of these general terms and conditions of sale were to be null and void or cancelled, the other clauses would not be cancelled.

Any use of the Site implies that the User has read the general conditions and that he adheres to these same conditions. Prior to the validation of any order, the User must acknowledge having read the General Conditions of Sale and Use (GCSU) and accept them. To this end, no handwritten signature will be required. In any event, the GCSU are accessible at any time from the Site. The Seller reserves the right to make changes to them in order to adapt them to the terms of sale and operation of the Site and a Product.

Lexicon

Any natural or legal person who has a personal account on the Site.

Designation of the sales platform imanparis.fr.

Professional, supplier of products or services intended for sale on the Site.

Any property offered for sale on the Site and contained in the catalog.

Any person who visits the Site and/or requests the creation of a personal account.

Identification of the Seller and the Site

The micro-enterprise Iman Paris is located at 5 Che des Bessons 13014 Marseille.

The Seller can be contacted:

By email to the following address: contact@imanparis.fr

By phone at: 0614936452

By mail to the following address: 5 Che des Bessons 13014 Marseille

The website imanparis.fr is published by Iman Paris and is hosted by O2switch.

Object

The Seller carries out the activity of selling clothing and fashion accessories.

The production, design and creation of the Products are carried out by the Seller, who may call upon external professionals for the supply of materials and certain tasks relating to the production of the Products.

As part of the performance of its services, the Service Provider may call upon external professionals, which the Client accepts and acknowledges.

Rates

The prices are freely set by the Seller. The prices charged are those in effect on the day of the order and communicated by the Seller. Any additional costs or increases may apply in the event of specificity due to the nature of the Product, or due to the Customer's requirements, delivery terms or other.

In any event, the total amount is indicated to the Customer prior to validation of his order and payment. Failing this, any possible increases that may be applied will be expressly specified to the Customer. Prices are in euros and are indicated inclusive of all taxes (TTC).

A deposit may be required by the Seller, the amount and terms of payment of which will be expressly specified to the Customer prior to validation of the order. In the absence of payment of said deposit, the Seller reserves the right not to fulfill its obligations relating to the order.

No reminder is required for the application of late payment penalties which automatically run from the first day of late payment. The amount of the penalties results from the application to the amounts still due of three times the legal interest rate in force at the time of the incident. In addition, a fixed compensation for recovery costs of 40 euros will apply under Article D 441-5 of the French Commercial Code.

Payment Terms

The Customer selects their payment method at the end of their order and has the option of paying by:

– Bank card

– Paypal

-Link

Provisions relating to Products and Orders

The Products

The Products are those which appear on the Seller's list or catalogue or those offered by the latter to the Customer according to his request and his needs.

The Seller is required to produce custom Products and to order made by the Customer, the desired specifications and characteristics of which must be the subject of a clear list and specifications where applicable, allowing the production of the desired Product(s) and in accordance with what has been established between the Parties.

Purchases and orders

Any purchase or order of one or more Product(s) by a Customer is made on request and depending on the availability of the desired reference(s).

Any request must be made by the Client:

– Via the website

The Seller offers the possibility of making pre-orders prior to any start of marketing of a Product or in the event of temporary unavailability or stock shortage of one or more possible references. The Customer will have all the information relating to the Product(s) and an expected delivery date. Any delay will be notified to him without delay.

Delivery

Delivery takes place in accordance with what has been indicated to the Customer or selected by the Customer at the time of his order. The Products are shipped by a third party who will communicate to the Seller all the information relating to the tracking of the delivery upon dispatch of the order. Upon receipt of this information, the Seller will send it to the Customer. The Seller undertakes to ensure that the announced deadlines are respected. Any delay in the preparation and dispatch of the order will be notified to the Customer by e-mail, telephone or SMS.

Cancellations, Returns and Product Warranty

The Customer has the option to cancel his order within a period of 14 days after validation of his order and prior to its delivery or shipment.

The Customer has the option to return the order partially or completely:

– If there was an error in his order

The Customer then has a period of 14 days from receipt of the order to request a return.

Returns are the responsibility of the Customer and must be made within 14 days.

Any return must be subject to the agreement and acceptance of the Seller prior to shipment.

In terms of Product guarantees, the French and European legal and regulatory provisions relating to sales to individuals on the one hand and those applicable to sales between professionals for any order or purchase made by a professional or a legal entity on the other hand are applicable.

Right and period of withdrawal

The Customer has the right to withdraw from this contract without reason within 14 clear days from the date on which he takes physical possession of the goods.

The Customer must notify by email his wish to cancel the sale within 14 clear days, to the following address: iman.paris.store@gmail.com

Responsibility

The Seller's liability is not based in any case on the direct or indirect consequences, whether on people or on property, of a malfunction of a product sold subject to the legal provisions of public order. The Seller's liability is strictly limited to the amounts of the Products sold. Its liability may not be incurred in any case in the event of non-compliance by the Customer with the obligations of these General Terms and Conditions. Liability may also not be incurred in the event of misuse of the Product(s) purchased, of any modification made to the functionalities or destination relating to the Product(s) and for any cause external to the Seller. Any delay in the delivery of the order for a cause which is external to the Seller and beyond its control may not be blamed on the Seller under any circumstances.

Any action taken by the Customer due to the manufacture of the Product(s), their packaging and storage may be brought against the Seller, who may himself take action, call on the guarantee or involve his supplier(s) of materials or any professional who participated in the production of the Products.

Intellectual property

In accordance with Article L122-4 of the Intellectual Property Code, "any representation or reproduction, in whole or in part, made without the consent of the author or his successors in title or assigns is unlawful. The same applies to translation, adaptation, transformation or reproduction by any art or process whatsoever". The Customer only has the right to use the Products, their content and all elements, whether visual or audio, texts, layouts, illustrations, photographs, documents and all elements that may be made available to him, in accordance with his or their use, the instructions, user guide and the applicable legal and regulatory provisions.

The Seller retains all copyright and industrial and intellectual property rights relating to the brand, products, designs, models, photos, catalogues and technical documentation which may not be copied, reproduced or reused without its express prior written permission.

Resale is strictly prohibited.

Failure to comply with these provisions exposes the perpetrator to legal proceedings.

Protection of personal data

In accordance with Law No. 78-17 of January 6, 1978 and the provisions of the General Data Protection Regulation (GDPR) No. 2016/679, the Customer has the right to query, access, modify, oppose and rectify his/her personal data by contacting the Seller:

By email to the following address: contact@imanparis.fr

By mail to the following address: 5 Che des Bessons 13014 Marseille

Force majeure

The Seller's liability may not be implemented if the non-performance or delay in the performance of one of its obligations described in these general conditions of sale results from a case of force majeure within the meaning of article 1218 of the Civil Code.

Applicable law and competent jurisdiction

These general conditions are subject to French law. French law and the French courts shall have jurisdiction in the event of any dispute or litigation arising between the Parties.

Terms and Conditions of Use of the Site

Users

All Users undertake to make appropriate use of the Site, to provide truthful information about their structure, contact details and all information communicated when they register.

Customers

Each Customer undertakes to keep their data up to date each time they are required to use them on the Site. They also undertake not to commit illicit or illegal activities, not to disseminate content or propaganda contrary to good morals, good faith and public order.

Registration terms and conditions

Each User must provide the information requested by the Site for any account creation, namely:

- Name

- First name

– Postal address

- E-mail address

– Phone number

The User will create a personal and unique password on this occasion. The Customer must accept these general conditions of sale and use, downloadable at any time. As soon as the creation of the account is validated, a confirmation email will be sent to the address provided on this occasion.

Ordering process

Any order is subject to the creation of a personal account or a connection to the existing one, if applicable. The Customer will have all the information relating to the Products, their description, and their reference, before any order validation. The order process is as follows:

– Selection of a Product(s) available on the Site and desired by the Customer and addition of the product(s) to their online basket,

– At the end of the selection and before any order validation, the Customer has access to his basket and the summary of the desired Products, the unit price of each item, any delivery costs and the total amount. He has the possibility to add or remove items.

– The Customer then provides the information relating to the delivery of their order and then selects the desired payment method.

– The order is validated once the payment is accepted. The Customer then receives all the information relating to the confirmation of his order.

The Customer has all the legal information which can be found in the general conditions of sale and use (which can be consulted or downloaded at any time) on the one hand and in the order confirmation email (which can be printed at any time) on the other hand.

Responsibility for Use of the Site

The Site shall not be held liable for any damages or losses of any nature whatsoever, which may result from errors or omissions in the contents, a lack of availability of the Site or the transmission of viruses, malicious or harmful programs, despite the fact that all technological measures aimed at avoiding this inconvenience have been adopted. The Site declines all liability for the possible consequences of a User connecting to the Site via an unsecured and/or faulty internet network.

Appendix

Article L217-5 of the Consumer Code:

"The good conforms to 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 seller and has the qualities that the latter presented to the buyer in the form of a sample or model; if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his 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 seller and which the latter has accepted."

Article L127-6 of the Consumer Code:

"The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was not legitimately in a position to know them."

Article L127-7 of the Consumer Code:

"Any lack of conformity that appears within twenty-four months from the delivery of the goods is presumed to have existed at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller may challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity claimed."

Article L127-8 of the Consumer Code:

"The buyer is entitled to demand that the goods conform to the contract. However, he cannot contest conformity by invoking a defect that he knew or could not be unaware of when he entered into the contract. The same applies when the defect originates in the materials that he himself supplied."

Article L127-9 of the Consumer Code:

"In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, taking into account the value of the goods or the significance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer."

Article L127-10 of the Consumer Code:

"If the repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded. The same option is open to him: 1° If the solution requested, proposed or agreed upon in application of Article L. 217-9 cannot be implemented within one month following the buyer's complaint; 2° Or if this solution cannot be implemented without major inconvenience for the buyer taking into account the nature of the goods and the use he seeks. However, the sale cannot be cancelled if the lack of conformity is minor."

Article L127-11 of the Consumer Code:

"The application of the provisions of Articles L. 217-9 and L. 217-10 takes place without any cost to the buyer. These same provisions do not prevent the allocation of damages."

Article L127-12 of the Consumer Code:

“The action resulting from the lack of conformity is prescribed by two years from the delivery of the good.”

Article L127-13 of the Consumer Code:

"The provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature which is recognized by law."

Article L127-14 of the Consumer Code:

“The recourse action may be exercised by the final seller against successive sellers or intermediaries and the producer of the tangible personal property, according to the principles of the civil code.”

Article L127-15 of the Consumer Code:

"The commercial guarantee means any contractual commitment of a professional towards the consumer with a view to the reimbursement of the purchase price, the replacement or repair of the good or the provision of any other service in relation to the good, in addition to its legal obligations aimed at guaranteeing the conformity of the good. The commercial guarantee is the subject of a written contract, a copy of which is given to the buyer. The contract specifies the content of the guarantee, the terms of its implementation, its price, its duration, its territorial scope as well as the name and address of the guarantor. In addition, it clearly and precisely states that, independently of the commercial guarantee, the seller remains bound by the legal guarantee of conformity mentioned in Articles L. 217-4 to L. 217-12 and that relating to defects in the thing sold, under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code. The provisions of Articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as Article 1641 and the first paragraph of Article 1648 of the Civil Code are reproduced in full in the contract. In the event of non-compliance with these provisions, the guarantee remains valid. The buyer is entitled to rely on it.