TERMS & CONDITIONS
February 1st, 2016
The online shop www.ikonoto.com website was set up by Pascal BERTRAND which is the operator of this site. Any order under a product appearing in an online shopping site www.ikonoto.com conditioned on the acceptance of these terms of sale. Consequently, the Customer is fully aware that its agreement on the content of these conditions does not require the signature of this document, to the extent that the customer wishes to order online the products presented in the framework of the shops website.
The Customer has the option to save or print these general conditions, given that both the backup editing this document are the sole responsibility of these terms of sale can be susceptible to changes. In this case, the conditions will be those in force on the site at the date of the order.
Our general conditions of sale are governed by French law. Buying a product from another country, do not assume responsibility for the site www.ikonoto.com in case of possible breaches of the law of that country.
Online stores set up by Pascal BERTRAND in the www.ikonoto.com website mentions the following information:
- disclaimer enabling precise identification of Pascal BERTRAND;
- presentation of the essential characteristics of the goods offered;
- indication, in Euros (total price) the price of goods and, where appropriate, delivery charges;
- indication of the terms of payment, delivery or performance;
- the existence of a right of withdrawal;
- the period of validity of the offer or the price;
All of this information is presented in English language. The client states have full legal capacity to engage under these terms.
These terms represent all obligations of the parties. In this sense, the customer is deemed to accept without reservation all the provisions of these terms of sale. Www.ikonoto.com the site for its part undertakes to respect the role of seller under those conditions.
These general conditions are intended to define the rights and obligations of parties under the online sale of goods and services offered by the site www.ikonoto.com the Customer.
Article 3: Contractual documents
This contract contains the following contractual documents, presented in descending order:
- these terms and conditions;
- purchase order.
In case of contradiction between the provisions contained in documents of different ranks, the provisions of the higher rank document shall prevail.
Article 4: Entry into force – duration
These conditions come into force on the date of signing the purchase order. These general conditions are concluded for the duration necessary for the provision of goods and services, until the expiry of the guarantees.
Article 5: Validation controls and electronic signature (Act of 13 March 2000 on electronic signature)
Any order signed by the Client “double click” constitutes an irrevocable acceptance which can be challenged only in the cases provided for in these terms of sale as “withdrawal” and “out of stock”. The “double click” associated with the authentication and non-repudiation and protection of the integrity of messages is an electronic signature. This electronic signature has value between the parties as a handwritten signature.
The contractual information will be confirmed via email. Some orders are subject to review by our audit service. You will in this case be notified by mail to send documents to obtain the final confirmation of your order. Www.ikonoto.com The website reserves the right to cancel the order in case of non receipt of these supporting documents or receive documents deemed non-compliant.Any order paid by check or cash or bank transfer mandate will be processed upon receipt of payment. The periods of availability as shipping are recalculated from the date of receipt of payment.www.ikonoto.com the site recommends the customer to keep on paper or reliable IT support, data relating to the order.The Customer must check the completeness and conformity of the information it provides to www.ikonoto.com site. The latter can not be held responsible for any data entry errors and the consequences in terms of delay or delivery error. In this context, all costs incurred for the return will be at the Customer.
Article 7: Proof of the transaction
The records stored in computer systems www.ikonoto.com site within reasonable security conditions, will be considered proof of communications, orders and payments between the parties.
The filing of purchase orders and invoices is made on a reliable and durable can be produced as evidence.
Article 8: Product Information
Pascal BERTRAND presents on its website www.ikonoto.com to sell products with the features necessary to allow compliance with Article L 111-1 of the Consumer Code, which provides for the possibility for the potential customer to know before taking final order the essential characteristics of products they wish to buy.
The offers presented by the site www.ikonoto.com are valid only within the limits of available stocks. Www.ikonoto.com The website reserves the right to change the product mix according to the constraints imposed by its suppliers.
The products comply with French legislation and standards applicable in France. The photographs, text, graphics, information and characteristics reproduced and illustrating the products presented are not contractual. Consequently, the responsibility of the site www.ikonoto.com not be engaged in case of error or omission in one of these photographs, text or graphics, information or characteristics of products or in case of changing the characteristics of products by suppliers.
The method of printing on paper of products offered on the website www.ikonoto.com may be slight variations in color and may deviate slightly from the body color of the Customer’s vehicle. Consequently, the responsibility of the site www.ikonoto.com can not be held liable for slight variations in shades of products offered.
The paper and quality inks have been carefully selected from www.ikonoto.com. The good conservation of support is in the Customer’s responsibility. The Client shall protect www.ikonoto.com printing products from light and moisture. www.ikonoto.com recommends the Customer to protect the print products by putting them under glass.
www.ikonoto.com the website can not be held liable for breach of contract in case of shortage or unavailability, force majeure, disruption or total or partial strike of postal services and means transport and / or communications, flood, fire.
www.ikonoto.com the website shall not be liable for all damages because of this, business interruption, loss of profit, loss of opportunity, damages or expenses that may arise from the purchase of products.
www.ikonoto.com The site guarantees the Customer, under latent defects affecting the products delivered, as part of a replacement of defective products, or parts making them unfit for use or reimbursement without being considered the Customer responsible for any harmful consequences that these hidden defects could cause.
Article 9: Price
Prices are quoted in Euros and are applicable only to the date of sending confirmation of the order by the Client. Prices are payable in Euros.
They do not include delivery costs, depending on the weight of the order and its place of delivery, and charged extra, and indicated before the final validation of the order. A summary table of shipping is also available in the “shipping”.
The prices include the French value added tax applicable on the date of the order and any change in the French legal rate of V.A.T. will be reflected in the price of products on the site, the date stipulated by the decree of application.
Full payment must be made when ordering, unless specific offer listed on the site. At no time, payments can not be considered as a deposit or installments.
Article 10: Payment
To set the order, the customer has, at its option, of all modes of payment specified in the order, namely: CB bank card or VISA or MASTERCARD, check (for French customer only), against repayment term cash, bank transfer, secure online payment system PAYPAL.
When paying by check, the check must be issued by a bank domiciled in France. Any order paid by check or money order or bank transfer will be processed upon receipt and credit the account of Pascal BERTRAND of payment. The periods of availability as shipping are recalculated from the date of receipt of payment.
The checks are cashed upon confirmation of the order.
The Customer warrants to the site www.ikonoto.com it has the required permission to use the payment method chosen by him, while validating the order.
www.ikonoto.com The website reserves the right to suspend any order management and delivery in case of refusal to authorize payment by credit card from the officially accredited bodies or in case of nonpayment.
The www.ikonoto.com website specifically reserves the right to refuse delivery or to deliver an order from a customer who has not fully paid or a previous order or with whom a payment dispute under administration.
If payment is made by credit card verification procedure is entrusted to our PAYPAL financial partner. The transaction will be on the partner’s website using a data encryption protocol. At no time does the site www.ikonoto.com has itself information entered on the website of our financial partner.
The Customer is advised that the site www.ikonoto.com can not be held responsible for any embezzlement or fraudulent use of any means of payment which would not have been detected by the verification procedure in place.
As part of this audit, you may be asked to the Customer to send by fax or email or post to www.ikonoto.com a copy of a photo ID and proof of address. The order will be confirmed after receipt and verification by us of parts delivered. Failing receipt of these documents within 15 days of placing the order, it will be deemed automatically canceled.
The www.ikonoto.com website retains full ownership of goods sold until full payment of all sums owed by the Customer under his command, including fees and taxes.
Only the original customer of goods sold can claim access provisions of these terms and conditions.
Article 11: Availability of products
The www.ikonoto.com site agree to make every effort to deliver within the shortest possible time orders placed on the site, and as soon as the order has been validated and paid by the Client. Deadlines vary by product. The order will be executed no later than within 30 days from the date when the customer order was finally validated (received payment means and order verification procedure performed).
In case of unavailability of the ordered product, especially because of our suppliers, the customer will be informed at the earliest and will be able to cancel his order. The Customer will have the option of requesting either a refund, if any, paid within 30 days at the latest of their payment, or exchange of product characteristics and equivalent prices, if the site www.ikonoto.com is able to get it.
In case of impossibility of exchange, www.ikonoto.com reserves the right to cancel the customer order and refund the sums paid.
Information on the availability of products being transmitted by our suppliers, the unavailability of the product does not engage the responsibility www.ikonoto.com site or entitlement to damages for the Client.
Article 12: Methods of delivery
The products are delivered to the address specified by the customer on the order form.
The Customer must check the completeness and conformity of the information it provides to www.ikonoto.com site. The latter can not be held responsible for any data entry errors and the consequences in terms of delay or delivery error. In this context, all costs incurred for the return of the order will be entirely the responsibility of the Customer.
www.ikonoto.com the website can not be held responsible for delays in delivery due to errors or disruptions due to carriers (total or partial strike of postal services and transport and / or communications).
Customer is responsible for checking the condition of the packaging of the goods upon delivery and report damage to the carrier on the delivery, as well as www.ikonoto.com site within two days working.
The Customer will be notified by mail of the imminence of a sending concerning his command. In case of late delivery of more than three days from the date we’ve indicated in the mail from, we suggest the customer to check with the post office that the package is not pending, then if necessary to report the delay in calling us by phone or by sending us an email.
We then contacted the Post to start an investigation. A Post investigation can last up to 21 days from the date of its opening. If during this period, the product is found, it will be immediately forwarded to the right address. If however the product is not found after the period of 21 days of investigation, the Post considers the package as lost. It is only after this period that we can send a replacement product at our expense. If the ordered products were available at this time, we refund the amount of products affected by the loss of carrier.
Article 13: Delivery problems due to carrier
Any anomaly concerning the delivery (damage, missing product compared to the delivery order, damaged package, broken product …) must be indicated on the delivery form of “handwritten reserves”, accompanied by the signature of the Customer. In the case of a dispatch by the Post if the package arrives open or damaged (especially with the presence of yellow tape “La Poste”) it is essential that the customer makes establish by the factor or the post office he depends on a “damage report” (report 170) so that the www.ikonoto.com website can open an investigation and compensation procedure.
The customer must confirm this problem by sending the carrier within two (2) business days following the date of delivery by mail with return receipt stating such claims. The Client shall simultaneously transmit a copy of this mail (with the original “damage report” if applicable) by mail to www.ikonoto.com Pascal BERTRAND, 51 rue Emma Bovary, 78280 Guyancourt, FRANCE. Any complaint transmitted to our services after the deadline will be rejected.
Article 14: Errors of delivery – Non-compliant products
14-a: The customer must make to society www.ikonoto.com same day delivery or later than the first business day after delivery, any claim of error of delivery and / or nonconformity of products in kind or in quality compared to entries on the order form. Any claim made after this time will be rejected without recourse.
14-b: The formulation of this claim to the site www.ikonoto.com can be made:
- by logging on our website under “Your Account” where, after having been identified and have selected your order number, you can ask your question or make a request through a menu.
- by phone at +33 6 14 68 40 17 / 06 14 68 40 17, from 9am to 18pm Monday to Friday, excluding holidays.
Any claim not made in the rules defined above and within the time limits could not be taken into account and release the company from liability www.ikonoto.com respect to the Client.
14-d: Upon receipt of the complaint, www.ikonoto.com allot a product return number (s) (s) concerned and will communicate to the Client. The return of a product can take place only after the award of this agreement number as the approach outlined above.
14th: Any product for exchange or refund will be returned within 8 working days of receipt of the return agreement to www.ikonoto.com in its entirety (including manuals and accessories) and in its original packaging in perfect condition, in Colissimo with insurance covering the market value of products returned to the following address: www.ikonoto.com Pascal BERTRAND, 51 rue Emma Bovary, 78280 Guyancourt, FRANCE.
To be accepted, any return will be reported prior to Customer Service www.ikonoto.com. The return number given will be visible on the packaging of return and the right of return printed, has slipped inside the package.
Failure to comply with the procedure above any claim for non-compliance or defect of goods delivered will be accepted.
Article 15: Right of withdrawal
The website www.ikonoto.com grants Customer a withdrawal period of 7 calendar days to return, at its expense, the products do not suit him. This period runs from the day of delivery of the customer order. All returns must be reported prior to the Customer Service Site www.ikonoto.com:
- by logging on our website under “Your Account” where, after entering your order number, you can make your approach through a dropdown menu
- by phone at 06 14 68 40 17 (normal price), from 9am to 18pm Monday to Friday, excluding holidays.
A return number will be assigned to the product. The product must be returned in Colissimo with insurance in the market value of the products. In any case the return is at the customer’s risk.
The site www.ikonoto.com recommends the Customer to return its products colissimo with a recommendation or additional insurance guaranteeing, if necessary, compensation for products up to their actual market value in case of theft or loss of the goods.
The site www.ikonoto.com recommends the Customer on-pack the original packaging of its products, as only will products returned in their entirety (accessories, manuals, cover etc.), in their original packaging, all to be intact and in perfect condition for resale.
Any product that was damaged, incomplete, or whose original packaging has been damaged, will be refunded or exchanged.
This right of withdrawal is without penalty, except the cost of return which remain the Customer. Assuming the exercise of the right of withdrawal, the customer has the option of requesting either a refund of amounts paid, or exchange of an amount equivalent to the sums paid or, if necessary, with complementary benefits, costs re-dispatch to the rest of the Customer.
In case of exercising the right of withdrawal, the site www.ikonoto.com will make every effort to reimburse the Client within 15 days. However, this period may be extended to 30 days, especially when the product needs a technical audit by the Service Site www.ikonoto.com (in the case of products to be tested in advance).
The customer will then be refunded by French check sent to the billing address specified in the order or bank transfer to bank transfer PAYPAL.
Article 16: Product Warranty
According to Article 4 of Decree No. 78-464 of 24 March 1978, the provisions hereof may not deprive the customer of the legal guarantee which requires the seller to guarantee against all consequences of latent defects of the thing sold . This clause is applicable only within the framework of a comprehensive settlement of the order.
The Customer is expressly informed that the site www.ikonoto.com is not the producer of the products featured in the website within the meaning of Law No 98-389 of 19 May 1998 concerning liability defective products.
Therefore, in case of damage to a person or property by a defective product, only the responsibility of the producer thereof may be sought by the Client, based on the information on the packaging of the product.
In the case of a defective product during the warranty period, the customer is invited to contact the customer service that will tell him how to return the product. No returns will be accepted without prior agreement materialized by issuing a number and a good return agreement. This agreement of return is valid for a period of 8 days. As from its attribution, the defective product must be returned to the site www.ikonoto.com in its original packaging, complete (with manuals, accessories, drivers, etc.), all protected by mentioning over-packaging visibly the return number provided by the site www.ikonoto.com, the return form is attached in the package before sending.
All costs and risks associated with returning the defective product are the responsibility of the Customer.
Any product whose warranty period is expired will not be supported by the www.ikonoto.com site.
The www.ikonoto.com website recommends the Customer well check with Customer Service, before making a request for return under warranty, if it is provided by the service site www.ikonoto.com.
Article 17: Use Rights
The visuals present in products sold by the www.ikonoto.com site, are the property of Pascal BERTRAND and should in no way be reused or modified by the customer. BERTRAND Pascal retains the Copyright and all rights reserved on the visuals present in products sold by the www.ikonoto.com site. The complete or partial reproduction by any means is prohibited without the written permission of Pascal BERTRAND.
BERTRAND Pascal retains the Copyright and all rights reserved on the products sold. The complete or partial reproduction by any means is prohibited without the written permission of Pascal BERTRAND. Prospective stickers from the client are not affected by the Copyright and Rights Reserved.
Article 18: Fortuitous major events
Neither party will have failed in its contractual obligations, insofar as their execution is delayed, hindered or prevented by a fortuitous event or force majeure.
Be considered fortuitous event or force majeure any compelling facts or circumstances, outside parties, unpredictable, inevitable, independent of the will of the parties and which can not be prevented by them, despite all efforts reasonably possible.
The party affected by such circumstances shall notify the other within ten working days of the date on which it becomes aware.
Both parties will then, within a month, except impossibility due to force majeure, to examine the impact of the event and agree the conditions under which the contract will be continued.
If the force majeure lasts more than three months, these terms may be terminated by the injured party.
Explicitly, are considered as force majeure or unforeseeable circumstances beyond those usually retained by the jurisprudence of courts and the French courts:
- the blocking of means of transportation or supplies, earthquakes, fires, storms, floods, lightning;
- stop telecommunication networks or difficulties specific to the external telecommunications networks to customers.
Article 19: No partial validation
If one or more provisions of these terms are held to be invalid or declared as such under any law, regulation or following a final decision of a competent court, other provisions shall remain in full force and scope.
Article 20: No waiver
The failure of either party not to claim a breach by the other party to any obligations contained in these Terms shall be construed in the future as a waiver of the requirement cause.
Article 21: Title
In case of difficulty in interpreting any of the titles at the head of the clauses, and one of the clauses, the titles will be declared nonexistent.
Article 22: Applicable Law
These general conditions are subject to French law. This is for the fund rules as to the rules of form.
In case of dispute or claim, the customer should first contact to www.ikonoto.com for an amicable solution.
If challenged for any reason whatsoever, the only recognized and accepted by both sides jurisdiction is that of the Court of Versailles, FRANCE (78000).
Article 23: Data Protection
In accordance with the French law “and Freedoms” n ° 78-17 of 6 January 1978, you have a right to access and correct the data. You can exercise this right by sending a letter to the following address: www.ikonoto.com Pascal BERTRAND, 51 rue Emma Bovary, 78280 Guyancourt, FRANCE.
The user is informed that the automated processing of information, including the management of users’ e-mail addresses, was the subject of a declaration of conformity with the CNIL under number 174 9045 v0.
Atricle 24: Copyrights
All the blueprints and car illustrations of www.ikonoto.com are under copyrights protection. The purchase of any www.ikonoto.com products does not alloy the Customer the full use of the product regarding copyrights laws.
The print of www.ikonoto.com DIGITAL FILES (DIGITAL ePOSTER products / MyKAR™ products) are allowed for private use only.
The commercial use of any www.ikonoto.com products (DIGITAL ePOSTER products / MyKAR™ products, PAPER POSTER products) and www.ikonoto.com contents are forbidden.
Internet online upload and / or file sharing of any www.ikonoto.com products (DIGITAL ePOSTER products / MyKAR™ products, PAPER POSTER products) and www.ikonoto.com contents are forbidden.
"Feel free to leave your email to receive the latest updates! You can also contact me for any kind of question you may have about ikonoto, MyKAR™ customized blueprints, DIGITAL ePOSTERS, PAPER POSTER, car models, and more. It will be a pleasure to get back to you"Pascal