Legal notices and General Terms and Conditions of Sale
Article 1 - Legal notices and foreword
The www.imageinair.fr website has been created by IMAGEINAIR, a limited liability company with a capital of €5,000 registered in the Nanterre Trade and Companies Register under number 811846831.
IMAGEINAIR’s head office is located at 108 rue Chaptal, 92300 Levallois Perret, France.
The company VAT registration number is 00 811846831.
The site is hosted by OVH, 2 rue Kellermann, 59100 Roubaix, France.
Madame Jessica Sironi is Publication manager for www.imageinair.fr
Madame Marguerite Lavayssière is Art Director for www.imageinair.fr
Any product ordered via www.imageinair.fr will be submitted to the hereafter general terms and conditions of sale. They stipulate order, payment, delivery and possible product return conditions for individual customers of IMAGEINAIR's website.
By clicking on "I accept the General Terms and Conditions of Sale", which precedes the online ordering procedure, the customer declares that he/she is familiar with and accepts the hereafter General Terms and Conditions of Sale.
These General Terms and Conditions of Sale may be modified at any given moment.
Article 2 - Orders
IMAGEINAIR agrees to fulfill orders received on the www.imageinair.fr website only within the limit of available product stock. In the event that a product is unavailable, IMAGEINAIR agrees to inform the customer and, if necessary, provide an immediate refund or, at the latest, within thirty days following the customer's order confirmation. A product sale is considered as final only after the order confirmation has been sent by email and after the full price has been received by the IMAGEINAIR retail website.
IMAGEINAIR reserves the right to cancel or refuse an order in the event of a customer dispute during a previous order.
The photographs and graphics on the www.imageinair.fr website are for illustrative purposes only and are not contractually binding.
So that customers are aware of the details of the products they wish to purchase, IMAGEINAIR provides product descriptions of the articles for sale on the www.imageinair.fr website. The choice and purchase of an article remain the customer's entire responsibility.
IMAGEINAIR reserves product property rights until full payment is received.
When placing an order, customers may select one or more items and add them to their shopping cart. Once their order is complete, they can directly access their shopping cart by clicking on the button for this purpose. Customers can check the type and amount of items in their shopping cart and the unit and overall price of their order. They can also cancel one or several items from their shopping cart. Upon connection, or after having correctly filled out the form, customers are asked to check or change their billing or delivery details. They then choose their mode of delivery and are asked to pay via a secured payment interface.
Once the online order has been confirmed, the customer declares that he/she is an individual, aged at least 18 years, and has the legal capacity or has parental permission to place an order on www.imageinair.fr. Before a customer's personal data is recorded in ‘My Account’, the customer is asked to check that the mandatory data is correct and complete. In the event of an error in the customer's address details, IMAGEINAIR is not responsible for failing to deliver the items.
Article 3 - Modes of payment
Products in the IMAGEINAIR online shop are payable on the day the order is placed. Orders may be paid via:
- PayPal: Online payment by credit card is through the secured PayPal system. Credit card details are encrypted (SSL mode) and are therefore not published on the internet. You state your name, card number, expiry date and the security code. You acknowledge that the fact that you have provided your credit card details and the confirmation of your order means that, in accordance with the law of 13 March on electronic signatures, you accept to be charged on said credit card for the amount corresponding to the order to the benefit of IMAGEINAIR, at the rate of the total order amount. IMAGEINAIR takes responsibility for PayPal service charges. The PayPal service is, therefore, a free service for the customer.
- Credit card: The following cards are accepted: Carte Bleue, Visa, MasterCard and American Express.
- Bank check: If paying by bank check, it must be issued from a bank within mainland France. Checks are to be made out to "IMAGEINAIR". Checks will be immediately cashed at the following address:
108 Rue Chaptal
92300 Levallois Perret, France.
Data recorded by IMAGEINAIR constitutes proof of order and all financial transactions. Data recorded by the payment system constitutes proof of financial transactions.
Article 4 – Delivery modes
IMAGEINAIR products are dispatched by selected transporters. Overseas shipments are made. It is clearly stated that customers pay part of the delivery fees. In general, most orders within mainland France are delivered between 24-48 business hours. Estimated delivery times as indicated on the website are provided as an indication; they are non-contractual and do not engage the responsibility of IMAGEINAIR. Customers have no compensation rights for delivery times on the condition that IMAGEINAIR contacts them immediately and the disruption is neither intentional nor the result of negligence on the part of IMAGEINAIR.
Delivery times are longer for the other destinations (a week on average). In so far as is possible, customers are advised of delivery dates. Delivery dates are calculated in business days and are condition to transport availabilities. An indicated delivery date is the maximum time, in business days, that IMAGEINAIR commits to delivering the products. The delivery date is valid only when full payment has been received.
If, however, the order has not been received thirty days after the approximate delivery date, the customer may initially request a new acceptable delivery date for the aforementioned order, apart from in the event of a force majeure. The transaction can be cancelled upon customer request; the latter will be refunded the sums already paid, excluding any indemnity, damage or interest (cf. article L 138-1 of law n°2014-344, 17 March 2014).
In the event of a delivery to a collective address, the customer accepts that IMAGEINAIR commits to delivering the order to said address, as stated on the order form, and that the order is delivered to a third party and not the final customer.
It is the customer's obligation to verify the conformity of the merchandise at the time of delivery. Any issues with the ordered items must be reported, without fail, upon delivery or within 3 days following delivery. After this time, and having failed to comply with these formalities, the products will be presumed conform and exempt of any apparent defect and no complaint will be legitimately accepted by IMAGEINAIR.
Article 5 - Right to withdraw
In accordance with article L121-20 of the Code of Commerce, the customer may exercise the right to withdraw within seven days as of the date of delivery. The customer who wishes to exercise the right to withdraw must return the intact product (unopened and unlit) within the deadline. The product must be in its fully original packaging thus enabling said product to be resold. The transport fees will be at the customer's charge and the product must be accompanied by a delivery slip and delivered to:
69 Rue Danton
92300 Levallois Perret, France.
The returned product is under the customer's responsibility until it is delivered.
A full refund will be paid to the customer's credit card by bank transfer, to the account indicated by the customer, or by check within a maximum of 30 days as of the date of withdrawal.
IMAGEINAIR reserves the right to refuse returned products which are not in their original state. In the event of partial product returns, IMAGEINAIR will not refund delivery fees. If the products are returned after the agreed date, the customer will not be refunded and will be informed that the items are available to him/her for a month. Upon request, the products may be returned to the customer.
In the event that an order has been confirmed by IMAGEINAIR and is then cancelled, the company can either make a cash or voucher refund. Vouchers not used before the end-of-validity date will be null and void and will not be subsequently refunded.
Article 6 - Risks and guarantees
IMAGEINAIR supports the risks related to transport until delivery, i.e., until the physical handing-over of the goods to the indicated recipient, from the order or to a representative who accepts it for the customer, in the presence of the transporter, and notes on the transport document any observations made.
The products sold are in compliance with current French legislation and French and European Union standards. All items are subject to a contractual guarantee (articles L 211-4 and L 211-5 of the Consumer Code) and hidden defects guarantee (articles 1641 to 1648 of the Civil Code).
IMAGEINAIR is, therefore, committed to respecting the following articles:
Article L211-4 of the Consumer Code
The vendor must deliver goods which are in conformity with the sales contract and repair the product after the damaged or defective product has been returned.
The vendor is also held liable for any lack of conformity caused by the packaging, assembly instructions, or the installation when this was covered by the contract or was performed under its responsibility.
Article L211-5 of the Consumer Code
To comply with the contract, the product must:
Be appropriate for the use normally expected for such an article and, if necessary:
Comply with the description given by the seller and possess the qualities of the goods which the seller presented to the consumer as a sample or model.
Have the qualities that a buyer might legitimately expect in view of public statements made by the seller, the producer or representative, particularly in advertising or on labeling.
Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.
Article L211-12 of the Consumer Code
Any legal action prompted by lack of conformity is governed by a term of prescription of two years as of delivery of the goods.
Article 1641 of the Consumer Code
The seller guarantees an item against hidden defects, which render the item unfit for normal use, or to such an extent that the buyer would not have acquired it, or would have demanded a lower price had he/she known about them.
Article 1648 of the 1st Consumer Code
The action resulting from latent defects must be brought by the buyer within two years after the discovery of the defect.
This policy applies as of the buyer's reception of the goods.
The guarantees do not apply to misuse, excessive use, wear and tear and product corrosion.
In order to apply a guarantee, before returning the product, the buyer must immediately inform IMAGEINAIR in writing (letter or email) to 108 Rue Chaptal, 92300 Levallois Perret, France; email@example.com of nonconformity and/or any hidden defects and must give IMAGEINAIR every opportunity to investigate the causes of the defects.
Article 7 – Personal data
In accordance with law n° 78-17 of 6 January 1978 relative to information technology, files and freedom, customers have the right to access, modify, rectify and eliminate their personal data in "My Account" and can contact IMAGEINAIR by sending a letter to 108 Rue Chaptal, 92300 Levallois Perret, France or by email at the following address: firstname.lastname@example.org
It should be noted that personal data requested from the customer is required to process orders and is destined for internal use within IMAGEINAIR only. This personal data may however be transmitted to third parties. The aim of this is to process orders and to inform customers of IMAGEINAIR's offers. The customer may accept to receive offers from IMAGEINAIR's partners.
No personal information is collected unknown to the user. All customer personal data received is that which has been indicated by the customer during transactions on the www.imageinair.fr website, for example, via an online form or an order. The information relative to a customer visit is stored only for statistics and we commit to the fact that no link is made between navigational data and private information.
This automated data processing enables IMAGEINAR to fight against bank card fraud. The www.imageinair.fr website may request that customers provide supporting documents (identity card in the name of the card bearer, proof of address, etc.). If the customer refuses to provide the aforementioned documents or information, IMAGEINAIR has the right to cancel the order and will refund the customer.
If the payment is outstanding because of a fraudulent authorization of a bank card, and irregular or untrue declarations by the customer, then the contact details concerning the order associated with this outstanding payment will be entered in a payment incident file managed by the www.imageinair.fr website.
Article 8 – Governing law and disputes
Any placed order automatically implies the acceptance by the customer of these General Terms and Conditions of Sale.
The present contract is submitted to French law.
In the case of dispute or of complaint concerning an order, the customer should first contact IMAGEINAIR to try and obtain an amicable solution. IMAGEINAIR's customer service may be contacted by email at the following address: email@example.com.
Article 9 – Intellectual property rights
All of the elements of the www.imageinair.fr website belong to IMAGEINAIR. It is strictly forbidden to reproduce, exploit, redistribute or use the elements of the www.imageinair.fr website. Any total or partial reproduction or representation of the graphic, textual or photographic content is strictly forbidden. Company names and distinguishing marks of products on the www.imageinair.fr website are protected under the trade mark law.