Terms of sale
General terms and conditions of sale
The present general conditions of sale apply to all sales concluded on the L'Imprevisible website, located at 16 Rue Jean Lecanuet 76000 Rouen, France website URL address: www.limprevisible.com e-mail: email@example.com
The customer declares that he/she has read and accepted the general conditions of sale prior to placing his/her order. Validation of the order therefore implies acceptance of the terms and conditions of sale.
Article 1 - Principles
The present terms and conditions express the entirety of the obligations of the parties. The purchaser is therefore deemed to accept them without reservation.
These general terms and conditions of sale apply to the exclusion of all other terms and conditions, in particular those applicable to sales in stores or through other distribution and marketing channels.
They are accessible on the L'Imprevisible website and will prevail, where applicable, over any other version or any other contradictory document.
The seller and the buyer agree that the present terms and conditions exclusively govern their relationship. The seller reserves the right to modify these terms and conditions from time to time. They will be applicable as soon as they are put online.
If a condition of sale should be lacking, it will be considered to be governed by the practices in force in the distance selling sector whose companies have their headquarters in France.
Article 2 - Content
The purpose of these terms and conditions is to define the rights and obligations of the parties in connection with the online sale of goods offered by the seller to the buyer from the L'Imprevisible website.
These conditions only apply to purchases made on the L'Imprevisible website and delivered internationally.
Article 3 - Pre-contractual information
Prior to placing an order and entering into a contract, the purchaser acknowledges having been provided, in a clear and comprehensible manner, with the present terms and conditions of sale and with all the information listed in article L. 221-5 of the French Consumer Code.
The following information is provided to the purchaser in a clear and comprehensible manner:
- the essential characteristics of the goods ;
- the price of the goods and/or how the price is calculated;
- where applicable, any additional transport, delivery or postage costs and any other charges payable;
- in the absence of immediate performance of the contract, the date or deadline by which the seller undertakes to deliver the goods, regardless of price;
- information on the seller's identity, postal and electronic contact details, and business activities, as well as information on legal warranties, digital content functionalities and, where applicable, interoperability, the existence and implementation of warranties and other contractual conditions.
Article 4 - Ordering
The buyer may place an order online, from the online catalog and using the form provided therein, for any product, subject to availability.
The buyer will be informed of any unavailability of the product or good ordered.
In order for the order to be validated, the buyer must accept the present general conditions by clicking where indicated. They must also choose the delivery address and method, and finally validate the payment method.
The sale will be considered final :
- after the seller has sent the buyer confirmation of acceptance of the order by e-mail ;
- and after receipt by the seller of the full price.
Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will be settled within the framework of a possible exchange and the guarantees mentioned below.
In certain cases, notably non-payment, incorrect address or other problem on the buyer's account, the seller reserves the right to block the buyer's order until the problem has been resolved.
For any questions relating to the tracking of an order, the buyer may contact the seller by e-mail: firstname.lastname@example.org
Article 5 - Electronic signature
The on-line provision of the purchaser's credit card number and the final validation of the order shall constitute proof of the purchaser's agreement:
- Payability of sums due under the purchase order;
- signature and express acceptance of all operations carried out.
In the event of fraudulent use of a bank card, the purchaser is invited to contact the seller by e-mail as soon as this is discovered: email@example.com
Article 6 - Order confirmation
The seller will provide the buyer with an order confirmation by e-mail.
Article 7 - Proof of transaction
Computerized registers, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. Order forms and invoices are archived on a reliable and durable medium that can be produced as proof.
Article 8 - Product information
The products governed by these terms and conditions are those which appear on the seller's website and which are indicated as sold and dispatched by the seller. They are offered while stocks last.
The products are described and presented as accurately as possible.
Article 9 - Prices
The seller reserves the right to modify its prices at any time, but undertakes to apply the prices in force at the time of the order, subject to availability on that date.
Prices are given in euros. They do not include delivery charges, which are invoiced in addition and indicated before the order is validated. Prices take into account the VAT applicable on the day of the order, and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store.
If one or more taxes or contributions, notably environmental, are created or modified, either upwards or downwards, this change may be reflected in the sale price of the products.
Article 10 - Method of payment
This is an order with a payment obligation, which means that placing the order implies payment by the buyer.
In order to pay for the order, the purchaser may choose from all the payment methods made available by the seller and listed on the seller's website. The buyer guarantees the seller that he/she has the necessary authorizations to use the method of payment chosen by him/her when validating the order form. The seller reserves the right to suspend all order processing and deliveries in the event of refusal to authorize payment by credit card by officially accredited organizations, or in the event of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not paid in full or in part for a previous order, or with whom a payment dispute is in progress.
Payment must be made in full on the day the order is placed, using the following methods:
- Credit card (Stripe)
Article 11 - Product availability - Refunds - Rescission
Except in cases of force majeure or during periods when the online store is closed, which will be clearly announced on the site's home page, shipping times will be as indicated below, subject to availability. Shipment times run from the order registration date indicated on the order confirmation e-mail.
For deliveries, the deadline is from the day following that on which the purchaser placed his/her order, according to the following terms and conditions: At the latest, the deadline will be 30 working days after the conclusion of the contract.
In the event of non-compliance with the agreed delivery date or period, the purchaser must, before breaking the contract, request the seller to perform within a reasonable additional period.
In the event of failure to comply by the end of this new period, the purchaser may freely terminate the contract.
The purchaser must complete these successive formalities by registered letter with acknowledgement of receipt, or in writing on another durable medium.
The contract shall be deemed to have been terminated on receipt by the seller of the letter or written document informing him of such termination, unless the professional has performed in the meantime.
The purchaser may, however, terminate the contract immediately if the above dates or deadlines constitute an essential condition of the contract.
In this case, when the contract is cancelled, the seller is obliged to reimburse the buyer for all sums paid, at the latest within 14 days of the date on which the contract was cancelled.
In the event of unavailability of the product ordered, the purchaser will be informed as soon as possible and will have the option of cancelling the order. The buyer will then have the choice of requesting either a refund of the sums paid within 14 days of their payment, or an exchange of the product.
Article 12 - Delivery terms
Delivery means the transfer to the consumer of physical possession or control of the goods. The products ordered are delivered according to the terms and conditions and within the period specified above.
Products are delivered to the address indicated by the purchaser on the order form, and the purchaser must ensure that this address is correct. Any parcel returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense. At the buyer's request, an invoice can be sent to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If the purchaser is absent on the day of delivery, the deliveryman will leave a delivery notice in the letterbox, allowing the purchaser to collect the parcel at the place and time indicated.
If, at the time of delivery, the original packaging is damaged, torn or open, the buyer must check the condition of the items. If they have been damaged, the buyer must inform us.
If the products need to be returned to the seller, a return request must be made to the seller within 14 days of delivery. Any claim made outside this period will not be accepted. Returns will only be accepted for products in their original condition (packaging, accessories, instructions, etc.).
Article 13 - Delivery errors
Within 14 days of delivery, the purchaser must notify the seller of any claim of error in delivery and/or non-conformity of the products in kind or in quality in relation to the information given on the order form. Any claim made after this deadline will be rejected.
Claims may be made :
- by e-mail to the following address: firstname.lastname@example.org
Any claim not made in accordance with the rules set out above and within the specified time limits will not be taken into account, and will release the seller from all liability towards the buyer.
Upon receipt of the claim, the seller will assign an exchange number for the product(s) concerned and will communicate it by e-mail to the buyer. A product can only be exchanged once the exchange number has been allocated. In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging.
Article 14 - Product warranty
14-1 Legal warranty of conformity
The seller guarantees the conformity of the goods sold with the contract, enabling the buyer to make a claim under the legal guarantee of conformity provided for in articles L. 217-4 et seq. of the French Consumer Code.
In the event of a claim under the legal warranty of conformity, please note that :
- the purchaser has a period of 2 years from the date of delivery of the goods to take action;
- the buyer may choose between repairing or replacing the good, subject to the cost conditions stipulated in article L. 217-17 of the French Consumer Code;
- the buyer does not have to provide proof of the non-conformity of the good during the 24 months, in the case of new goods, following delivery of the good.
14-2 Legal warranty against hidden defects
In accordance with articles 1641 et seq. of the French Civil Code, the seller is liable for any hidden defects affecting the goods sold. It is up to the buyer to prove that the defects existed at the time of sale and are such as to render the goods unfit for their intended use. This warranty must be invoked within two years of discovery of the defect.
The buyer may choose between rescission of the sale or a reduction in the price, in accordance with article 1644 of the French Civil Code.
Article 15 - Right of withdrawal
Application of the right of withdrawal
In accordance with the provisions of the French Consumer Code, the purchaser has a period of 14 days from the date of delivery of his order to return any item which does not suit him and request an exchange or refund without penalty, with the exception of the return costs which remain the responsibility of the purchaser.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) to enable them to be remarketed as new, accompanied by the purchase invoice.
Damaged, soiled or incomplete products cannot be returned. Earrings and piercings cannot be returned or exchanged for reasons of hygiene, unless the product is defective.
The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgement of receipt on a durable medium will be immediately communicated to the purchaser. Any other method of declaring withdrawal is accepted. It must be unambiguous and express the wish to withdraw.
If the right of withdrawal is exercised within the aforementioned period, the price of the product(s) purchased and the delivery costs will be reimbursed.
Return shipping costs are at the buyer's expense.
The exchange (subject to availability) or refund will be made within , and at the latest, within 14 days of receipt by the seller of the products returned by the buyer under the conditions set out above.
In accordance with article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for contracts :
- the supply of goods made to the consumer's specifications or clearly personalized.
-contracts for the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.
Article 16 - Force majeure
Any circumstances beyond the control of the parties preventing the performance of their obligations under normal conditions shall be considered as grounds for exoneration from the parties' obligations and shall result in their suspension.
The party invoking the aforementioned circumstances must immediately notify the other party of their occurrence, as well as of their disappearance.
Force majeure" means any irresistible, unforeseeable, unavoidable event or circumstance beyond the control of the parties, which cannot be prevented by the parties, despite all reasonable efforts. The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually accepted by the jurisprudence of French courts and tribunals: blockage of means of transport or supply, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to customers.
The parties will meet to examine the impact of the event and agree on the conditions under which performance of the contract will continue. If the case of force majeure lasts longer than three months, the present terms and conditions may be terminated by the injured party.
Article 17 - Intellectual property
The content of the website remains the property of the seller, who is the sole owner of the intellectual property rights to this content. Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly forbidden and may constitute an infringement of copyright.
Article 18 - Data protection
The nominative data supplied by the purchaser is necessary for the processing of the order and the preparation of invoices.
It may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders.
The buyer has a permanent right of access, modification, rectification and opposition with regard to information concerning him/her. This right may be exercised under the terms and conditions defined on the limprevisible.com website.
Article 19 - Partial invalidation
If one or more stipulations of these general terms and conditions are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain their full force and scope.
Article 20 - Non-waiver
The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in the present terms and conditions shall not be construed as a waiver of the obligation in question for the future.
Article 21 - Headings
In the event of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 22 - Contract language
These general terms and conditions of sale are drawn up in the French language. Should they be translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
Article 23 - Mediation and dispute resolution
The purchaser may have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (Consumer Mediation Commission) or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute. The mediator's name, contact details and e-mail address are available on our website.
In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform can be accessed at the following link: https://webgate.ec.europa.eu/odr/
Article 24 - Applicable law
These terms and conditions are governed by French law. The competent court shall be the judicial court.
This applies to both substantive and formal rules. In the event of a dispute or claim, the purchaser shall first contact the seller to obtain an amicable solution.
Article 25 - Protection of personal data
The personal data collected on this site is as follows:
- account opening: when a user's account is created, the user's surname, first name, e-mail address, telephone number and postal address are recorded;
- connection: when the user connects to the website, it records, in particular, his/her surname, first name, connection data, usage data, location data and payment data;
- profile: use of the services provided on the website enables the user to create a profile, which may include an address and telephone number;
- payment: when paying for products and services offered on the website, the website records financial data relating to the user's bank account or credit card;
- communication: when the website is used to communicate with other members, data concerning the user's communications is temporarily stored;
- cookies: cookies are used for site use. Users can deactivate cookies via their browser settings.
Use of personal data
Personal data collected from users is used to provide and improve website services and to maintain a secure environment. More specifically, it is used for the following purposes
- access and use of the website by the user ;
- management of the operation and optimization of the website;
- organizing the conditions of use of payment services;
- verification, identification and authentication of data transmitted by the user;
- offer the user the possibility of communicating with other website users;
- providing user support;
- personalization of services by displaying advertisements according to the user's browsing history and preferences;
- prevention and detection of fraud, malware (malicious software) and management of security incidents;
- management of any disputes with users;
- sending commercial and advertising information, according to the user's preferences.
Sharing personal data with third parties
Personal data may be shared with third-party companies in the following cases:
- when the user uses the payment services, for the implementation of these services, the website is in relation with third-party banking and financial companies with which it has contracts ;
- when the user publishes information accessible to the public in the free comment areas of the website;
- when the user authorizes a third-party website to access his/her data;
- when the website uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to the user's data in order to provide these services, and are contractually obliged to use it in accordance with the provisions of the applicable regulations on the protection of personal data;
- if required by law, the website may transmit data in order to respond to claims made against the website and to comply with administrative and legal proceedings;
- if the website is involved in a merger, acquisition, sale of assets or receivership, it may be required to sell or share all or part of its assets, including personal data. In this case, users will be informed before any personal data is transferred to a third party.
Security and confidentiality
The website implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information over the Internet.
Enforcement of user rights
In application of the regulations applicable to personal data, users have the following rights, which they may exercise by sending a request to the following address: email@example.com
right of access: users may exercise their right of access to their personal data. In this case, before exercising this right, the website may request proof of the user's identity in order to verify its accuracy.
the right of rectification: if the personal data held by the website is inaccurate, they may request that the information be updated.
the right to deletion of data: users may request the deletion of their personal data, in accordance with applicable data protection laws.
the right to limitation of processing: users may request the website to limit the processing of personal data in accordance with the assumptions provided for by the RGPD:
the right to object to data processing: users may object to their data being processed in accordance with the assumptions provided for by the RGPD.
the right to portability: they may request that the website hand over the personal data provided to it for transmission to a new website.
Changes to this clause
Cancellation form :
To be completed by the consumer, and sent by registered letter with acknowledgement of receipt, within a maximum of 14 days from the date of conclusion of the service contract:
For the attention of : L'Imprevisible
located at : 16 Rue Jean Lecanuet 76000 Rouen
e-mail address: firstname.lastname@example.org
I hereby notify you of my withdrawal from the contract concerning....................., ordered on: ......... Consumer's first and last name: .................
Consumer's address: ................. Date: ..................
Article L. 217-4: "The seller delivers goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility under the contract or was carried out under his responsibility."
Article L. 217-5: "The goods conform to the contract:
1° If it is fit for the purpose usually expected of similar goods and, where applicable:
- if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model;
- if it has the qualities that a purchaser may legitimately expect, having regard to 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 is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter."
Article L. 217-6: "The seller is not bound by the public declarations 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 L. 217-7: "Defects of conformity which appear within a period of twenty-four months from delivery of the goods are 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 rebut this presumption if it is not compatible with the nature of the goods or the alleged defect of conformity."
Article L. 217-8: "The buyer has the right to demand that the goods conform to the contract. He may not, however, contest conformity by invoking a defect of which he was aware or could not have been unaware when he entered into the contract. The same applies when the defect is due to materials supplied by the buyer.
Article L. 217-9: "In the event of a lack of conformity, the buyer may choose between repair and replacement. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate to the other option, taking into account the value of the good or the importance of the defect. He is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer."
Article L. 217-10: "If repair and replacement of the good are impossible, the buyer may return the good and have the price refunded, or keep the good and have part of the price refunded. The same option is open to him: 1° If the solution requested, proposed or agreed in application of article L. 217-9 cannot be implemented within one month of the buyer's complaint; 2° Or if this solution cannot be implemented without major inconvenience for the buyer, given the nature of the good and its intended use. However, the sale may not be rescinded if the lack of conformity is minor."
Article L. 217-11: The application of the provisions of articles L. 217-9 and L. 217-10 is at no cost to the buyer. These same provisions do not preclude the award of damages.
Article L. 217-12: "Action resulting from a lack of conformity is barred after two years from the date of delivery of the goods.
Article L. 217-13: "The provisions of the present section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as set out in articles 1641 to 1649 of the French Civil Code, or any other action of a contractual or extra-contractual nature recognized by law.
Article L. 217-14: "The final seller may take recourse action against successive sellers or intermediaries and the producer of the tangible personal property, in accordance with the principles of the Civil Code.
Article L. 217-15: "A commercial warranty is any contractual commitment by a professional to the consumer to reimburse the purchase price, replace or repair the good, or provide any other service related to the good, in addition to his legal obligations to guarantee the conformity of the good.
The commercial warranty is the subject of a written contract, a copy of which is given to the purchaser.
The commercial warranty is the subject of a written contract, a copy of which is given to the purchaser.
The contract specifies the content of the warranty, the terms and conditions of its implementation, its price, duration and territorial scope, as well as the name and address of the guarantor.
In addition, it clearly and precisely states that, independently of the commercial warranty, the seller remains bound by the legal warranty of conformity mentioned in articles L. 217-4 to L. 217-12 and that relating to defects in the item sold, under the conditions set out in articles 1641 to 1648 and 2232 of the French 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 French Civil Code are reproduced in full in the contract.
In the event of failure to comply with these provisions, the warranty remains valid. The purchaser is entitled to avail himself of it."
Article L. 217-16: "When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the duration of the warranty which remained to run.
This period runs from the date of the buyer's request for service or from the date the goods in question are made available for repair, if the goods are made available after the request for service."
French Civil Code
Article 1641: "The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair this use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, if he had known of them.
Article 1648: "The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for in article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller can be discharged from any apparent "defects or lack of conformity".