GENERAL TERMS OF SALE FOR IBUBBLE PRODUCTS
(Updated: February 2018)
1. General points
1.1 Scope of the GTS
These General Terms of Sale (hereafter referred to as the “GTS”) apply to the online sales of iBubble products and their accessories (hereafter referred to as the “Product(s)”) via the website https://www.ibubble.camera (hereafter referred to as the “Website”), access to which is free and unrestricted for all users.
The GTS are concluded between the company NOTILO PLUS, a Simplified Joint Stock Company with a registered capital of €28,120 euros, registered in the Trade & Company Register (RCS) of Marseille under the number 818 400 145, VAT number FR79818400145, having its registered office at Parc d’activités de la Valentine, Lot 4 montée du commandant Robien, 13011 Marseille (hereafter referred to as “NOTILO PLUS”) and purchasers possessing the status of consumers or non-professionals (hereafter referred to as the “Consumer(s)”) or that of professionals purchasing the Products as part of their business activities, to the exclusion of any resellers of the Products which would have to agree specific B to B terms of sale .
The Consumers and the professionals purchasing the Products as part of their business activities excluding the Products reselling, are referred to hereafter without distinction as the “Client”, except when their capacity is expressly stipulated.
1.2 Availability and applicability of the GTS
The GTS are made available to the Client on the Website where they may be viewed directly and conserved or copied by the Client.
The GTS are applicable to the Client, who acknowledges that he has been made aware of them and accepts them at the time he confirms his order. The confirmation of the order by the Client therefore constitutes unreserved acceptance of the GTS.
1.3 Modifications to the GTS
NOTILO PLUS reserves the right to modify its GTS at any time, without notice.
In the event of any modifications, the applicable GTS are those in force on the Website on the date the Client confirms his order, unless the modification results from an obligation imposed by an imperative and immediately applicable law.
1.4 The GTS’ clauses
If one of the clauses of an article in the GTS is found to be invalid, this will not result in the invalidation of the article or of the GTS as a whole.
NOTILO PLUS’ decision not to apply one or several clauses of the GTS, either on a temporary or permanent basis, may not be considered as a renunciation on its part of the other clauses of the GTS, which will continue to produce their full effects.
The Products proposed for sale by NOTILO PLUS are featured on the Website and are the subject of a sales proposal valid for the Client as long as they are visible on the Website.
The Products available for sale are manufactured to order based on the specifications proposed by NOTILO PLUS and chosen by the Client at the time he places his order.
The Client is hereby informed that until 31/08/2018, following the launch of the Website by NOTILO PLUS, the Products will only be displayed on the Website and available to the Clients on a “pre-order” basis, i.e. with specific delivery dates and lead times pursuant to the conditions of article 4 of the GTS.
The Products are each accompanied by a description on the Website mentioning their characteristics. The photographs, text and graphical features illustrating the Products do not constitute a contractual document.
The Products are proposed for sale subject to available stock.
The Products proposed for sale comply with the requirements of French law, applicable at the time they are placed on the market, concerning health and safety for individuals, fair business transactions and consumer protection.
The sales price of the Product is that applicable on the date the Client places his order.
For each of the Products shown on the Website, the sales price is shown in Euros inclusive of VAT (VAT incl.) based on the VAT rate applicable in France on the date on which the order is placed and/or in US dollars ex tax, excluding delivery, transport and carriage costs, which will be stated before the confirmation of the order and billed as extras.
In the case of a delivery to a country situated outside the European Union, the stated sales prices do not include any possible customs duties and taxes which may be demanded by the customs authorities of this country, and which will be borne by the Client.
NOTILO PLUS reserves the right to modify its prices at any time, while at the same time guaranteeing the client that the price applied will be that applicable on the date the order is booked, subject to the availability of the Product on this date.
4. Pre-ordering – Ordering
The orders placed by the Client until 31/08/2018 are displayed on the Website as “pre-orders”, i.e. the sale of the pre-ordered Product will be validly established by the confirmation of the pre-order by the Client, but the delivery of the Product will be deferred and made within a maximum period shown in article 4 of the GTS and mentioned at the time the pre-order is placed.
NOTILO PLUS will inform the Clients via its Website when the Products are available for order and no longer for “pre-order”.
The following provisions of Article 4 will apply without distinction to the “pre-orders” placed by the Client, for as long as these apply on the Website, and subsequently to the orders.
4.2 General information
The orders may only be placed online via the Website https://www.ibubble.camera, for deliveries to the countries mentioned on the Website and in Article 4.1 of the GTS.
The Client should place his order in compliance with the instructions provided on the Website. He agrees to complete his registration and order form, taking care to provide the required information in a complete and accurate manner. The Client is liable for the information entered on his registration form and when the order is booked. In the event of an error, NOTILO PLUS may not be considered liable for any failings or delays with the delivery of the Products.
4.3 The order stages
4.3.1 Product selection
To place an order, the Client adds the Product or Products he wishes to order to his virtual shopping cart, indicating the desired quantities, by clicking the “Add to cart” button. He may then either continue shopping or proceed to pay for his order.
Before adding the Product or Products to the virtual shopping cart in the desired quantities, the Client may select from among the proposed options in order to personalise the ordered Product.
Before confirming the order, the Client has the possibility to check his order details and total price at any time and to return to the previous pages to correct any possible errors or possibly modify his order.
To finalise his order, the Client then clicks on the “Proceed to Checkout” button in his virtual shopping cart.
4.3.2 Identifying the Client
The Client is redirected to a landing page enabling him to either:
- Create a customer account using the form provided for this purpose on the checkout page
- To do so the Client completes the required fields with his contact details including the following mandatory information: title, last name, first name, complete delivery address, e-mail and telephone number.
- Log in to an account already created by the Client. To do so, the Client enters his username and personal password in the fields named provided for this purpose by clicking “Returning customer? Click here to login” on top of the page.
4.3.3 Order confirmation
The Client must supply the information necessary to the preparation of the invoice (last name, first name, delivery address, telephone number, e-mail address, etc.) and will have the possibility to select this address as a delivery address or to enter a different delivery address.
The confirmation of the order by the Client, by clicking on the “Place order” button, results in the acceptance of the GTS and establishes the contract of sale, subject to the payment of the price or prices of the ordered Product(s).
The Order price must be settled in full after confirmation of the order.
For a Pre-order, an advance payment of 30% of the price is required at the time the order is placed, with the balance to be paid at the latest 10 days before the delivery date of the Product.
Payment is made immediately at the time the order is placed by bank card.
After having clicked on “Confirm order”, the Client will be redirected to a payment information page.
The Client then selects the type of bank card used and is redirected to a payment platform. The Client enters the appropriate details in the fields provided for this purpose on the payment website, enabling him to pay online by bank card by means of a secure payment system.
The Website uses a secure online payment system making it possible to encrypt the transmission of bank details.
The Client must ensure that the details entered are correct (expiry date, card number, etc.) as the payment will not be accepted if the data entered is erroneous.
A request to debit the Client’s bank account is sent to his bank on or after the order date. The order will be considered as firm and final after confirmation has been received from the bank’s payment centres.
The Client guarantees that he is fully authorised to use the bank card he has supplied to pay for his order and that this card is backed by sufficient funds to cover the total order price.
Payment must be made in full, with no deductions possible. NOTILO PLUS reserves the right to terminate the contract of sale if the Product price is not paid in full.
NOTILO PLUS remains the owner of the products sold until complete payment has been received.
NOTILO PLUS will send the Client an e-mail acknowledging receipt of the order and its payment within 48 hours.
4.4 Modifications to orders
It is not possible to modify an order after this order has been confirmed by the Client.
5. Delivery and reception/acceptance of the order
5.1 General information
NOTILO PLUS would do its best efforts to handle the delivery of the Products in all the countries, except some specific countries for which the Client would be informed within 72 hours of the order if concerned.
The Client may contact NOTILO PLUS beforehand to verify that they are able to deliver to the country concerned.
Delivery will be made to the address entered by the Client at the time he placed his order (except specific inability for NOTILO PLUS).
The delivery costs are displayed before the order is confirmed, and paid by the Client at the time he pays for his order.
The delivery dates and lead times will be indicated at the time the order is placed.
Products shown on the Website as being available for “pre-order” are subject to deferred delivery, which will take place between 01/09/2018 at the earliest and 31/12/2018 at the latest.
The Client is made aware of and unreservedly accepts the delivery dates and lead times at the time the order is confirmed.
When shipping the pack containing the order, NOTILO PLUS will send an e-mail to the Client containing a tracking number, enabling the Client to track the delivery of his order.
5.2 Delivery difficulties
NOTILO PLUS will inform the Client by e-mail of any possible delivery delays as soon as possible.
NOTILO PLUS may not be considered liable for any problems or delivery delays due to errors on the part of the Client concerning the delivery address entered and may bill the Client for any supplementary delivery costs which may apply.
If delivery cannot be made to the address entered by the Client for reasons outside NOTILO PLUS’ control, the Client will be informed of this as soon as possible by e-mail and a subsequent delivery date or lead time will be provided to him.
At the time the Products are received, it is the Client’s responsibility to check the condition of the delivered Product in the presence of the delivery man, and, in the event of any damage, to record his observations and comments on the delivery notes or transport slip, and possibly to refuse the Product and to inform NOTILO PLUS of this in writing by e-mailing them at the following address: firstname.lastname@example.org
If the Product is not that which was ordered, or if it is damaged, the Client must inform NOTILO PLUS of this by email email@example.com with a view to obtaining a replacement product or possibly the cancellation of the sale.
The Client agrees to check the regulations for the country to which the Products are being delivered, which may be specific to these Products, particularly concerning their use. NOTILO PLUS may under no circumstances be considered liable for any failure by the Client to respect the applicable legislation of the country to which the ordered Products are being delivered, particularly regarding the use of the Products.
5.4 Transfer of ownership
The ownership of the Product or Products is transferred to the Client as from the delivery date stated at the time the order was placed, except in the event that payment in full of the asking price was not cashed at the time the order was placed.
6. Right of withdrawal / Cooling-off period (under the terms of the French Consumer Code)
The provisions of this Article apply only to Consumers.
6.1 Exclusion of products manufactured based on Consumers’ specifications
Pursuant to article L. 221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for contracts of sale for “the supply of items manufactured based on the consumer’s specifications or significantly customised “.
The Consumer therefore cannot exercise any right of withdrawal / cooling-off period for Products benefiting from specific options and specific to a Client.
6.2 Conditions, deadlines and instructions for exercising the right of withdrawal
For Products other than those mentioned in 6.1, the Consumer has the right to withdraw from the sale within a period of fourteen (14) days as from the date on which he, or a third-party other than the haulier designated by him, physically take possession of the Product(s).
In the case of a staggered delivery of Products from the same order, the cooling-off period begins as from the date on which the Consumer receives the last Product or batch, or the last item.
To exercise his right of withdrawal, the Consumer must inform NOTILO PLUS of his wish to withdraw from the sale using the withdrawal form available in Appendix 1 of the GTS, or any other written declaration clearly and unambiguously expressing his wish to withdraw, sent to NOTILO PLUS by post, or by e-mail to the following address: firstname.lastname@example.org
In order for the cooling-off period to be respected, the notification of the Consumer’s wish to exercise his right of withdrawal must be sent before the expiry of this period. The burden of proof concerning the implementation of the right of withdrawal lies with the Consumer.
In order to validly exercise his right of withdrawal, the Consumer must return the Products intact, and in their original packaging in order that NOTILO PLUS may immediately make these available for resale.
In the event of withdrawal, the Consumer must return the Products to NOTILO PLUS avoiding any excessive delays, and, in all cases, at the latest within the fourteen days following the issuing of the Consumer’s notification to NOTILO PLUS that he wishes to exercise his right to withdraw from the sale.
The deadline will be considered as having been met if the Consumer returns the ordered Products before the expiry of the fourteen-day period.
The cost of returning the Products will be borne by the Consumer.
The return must take place pursuant to the procedure stated on the instructions supplied in the pack in which the order is shipped.
NOTILO PLUS will reimburse the Consumer for any sums debited, including standard delivery costs (excluding any delivery costs which are more expensive than the standard delivery method) at the latest within fourteen days after the Products covered by the order have been received or after the Consumer has supplied proof that these Products have been shipped, with the date used being the first of these conditions to be met.
The refund will be issued via the same payment method as that used for the initial transaction.
NOTILO PLUS reserves the right to refuse to allow the Consumer to exercise his right of withdrawal when the Products have suffered depreciation resulting from handling, other than that necessary to appreciate the nature and characteristics of the Products.
7. Warranties & guarantees
7.1 Legal guarantees/warranties
7.1.1 Guarantee of conformity
The Consumer benefits from the legal guarantee of conformity for the Products purchased on the Website, pursuant to the conditions of articles L.217-4 to L.217-14 of the French Consumer Code (partially quoted in Appendix 2)
NOTILO PLUS agrees to deliver the Products to the Consumer without conformity defects.
However, if the purchased Product displays a conformity defect, i.e. if it fails to meet the requirements of article L.217-5 of the French Consumer Code, the Consumer may avail himself of the legal guarantee of conformity vis-a-vis NOTILO PLUS.
The legal guarantee of conformity covers conformity defects arising within the two (2) years following the delivery of the new Product and which are presumed to have existed at the time of delivery unless proof to the contrary is provided.
In the case of a conformity defect, the Consumer may choose between having the Product repaired or replaced, on condition that this choice does not result in costs for NOTILO PLUS which are clearly disproportionate when compared to the other option available under the terms of article L.217-9 of the Consumer Code.
Pursuant to article L.217-10 of the French Consumer Code, if it is impossible to repair and replace the Product, the Consumer may return the Product and receive a refund of the price or keep the Product and receive a partial refund of the price.
The Consumer has two (2) years to act, as from the delivery date of the Product.
In order to benefit from the legal guarantee of conformity, the Consumer must notify NOTILO PLUS of the conformity defect by writing to the following address:
Parc d’activités de la Valentine
Lot 4 montée du commandant Robien
7.1.2 Warranty against hidden defects
For the Products purchased on the Website, the Client benefits from the warranty against hidden defects pursuant to the conditions of articles 1641 to 1649 of the French Civil Code (partially quoted in Appendix 2).
NOTILO PLUS guarantees the Client against latent defects affecting the Product sold, i.e. defects making it unfit for the use for which it is intended, or which diminish its use to such an extent that the Client would not have acquired it or would have only paid a lower price had he been aware of them, pursuant to article 1641 of the French Civil Code.
If the Product is affected by a latent defect, the Client may choose to either return the Product to NOTILO PLUS and to receive a refund of the price or to keep it and receive a partial refund, pursuant to article 1644 of the Civil Code.
Any action based on the warranty against hidden defects must be initiated by the Client within a period of two years as from the discovery of the defect.
In order to benefit from the warranty against hidden defects, the Client must inform NOTILO PLUS of the latent defect affecting the Product by writing to the following address:
Parc d’activités de la Valentine
Lot 4 montée du commandant Robien
8.1 Exemption from liability
NOTILO PLUS may not be considered liable in the event of the non-performance or poor performance of the contract of sale as a result of factors attributable to the Client or of unavoidable and unforeseeable factors resulting from a third party to the contract, or from force majeure circumstances as defined in Article 9.
NOTILO PLUS may not be considered liable for any use of the Products by the Client which is contrary to or prohibited by the laws and regulations of the country in which the Client took delivery of the Product.
8.2 Liability limitations
If NOTILO PLUS is found to be liable for any failings on its part, the reparations payable will only apply to the direct, personal and certain losses which the Client incurs, to the express exclusion of the reparation of any indirect and consequential losses and/or damage such as financial losses or loss of image, etc.
The total value of the damages which NOTILO PLUS may be required to pay the Client in accordance with the above-mentioned conditions is limited in all cases to the total cost of the order for the Products concerned.
In all cases, NOTILO PLUS declines all liability due in particular to:
- The normal wear and tear of the Products;
- Any usage which does not comply with the use for which the Product is intended;
- Any deterioration or accident arising as a result of negligence, insufficient monitoring and surveillance, or maintenance and upkeep which does not comply with instructions mentioned on the Products or in any other document, or any non-compliant usage;
- Any losses following modifications, additions, incorporations or combinations involving the Product;
- Any losses resulting from a failure to abide by the usage recommendations for the Products mentioned in the Product description, and/or the rules and regulations applicable to the Products sold;
- Any malicious acts by the Client or third parties.
Maintaining the long-term performance of Products manufactured based on the state of the technology at the time is subject to the maintenance conditions stated on the instructions accompanying the Products. NOTILO PLUS declines all liability if any Product is used in a manner which is not recommended.
NOTILO PLUS may not be considered liable for any temporary or permanent damage caused to the Client’s IT system, nor for any possible loss or damage which may be incurred following access to or navigation on the Website.
The transmission of data via the Internet may result in the appearance of errors and/or situations in which the Website is not always available. Consequently, NOTILO PLUS may not be considered liable for the availability of or interruptions to the online service.
9. Force Majeure
In the event that a force majeure incident occurs pursuant to the terms of Article 1218 of the French Civil Code, preventing NOTILO PLUS from fulfilling its obligations, the order will be immediately suspended, and the Client immediately informed by any means.
Similarly, NOTILO PLUS will inform the Client when this event ends, in which case the performance of the order will resume immediately.
If such an event continues beyond a period of thirty (30) days after the notification date, the contract for the order will be considered as being cancelled as of right. The sums received by NOTILO PLUS before this date will then be refunded to the Client.
10. Intellectual property rights
NOTILO PLUS is and remains the holder of all intellectual property rights pertaining to the Products and to the iBubble brand, and no clauses of these GTS may be interpreted as entailing the transfer of any of these rights to the Client or to a third party.
All of the Website content and all advertising documents (illustrations, text, wording, brands, trademarks, images and videos, etc.) remain the exclusive property of NOTILO PLUS or of its partners.
Any reproduction or circulation of these assets without NOTILO PLUS’ prior written consent will expose the perpetrators to legal action.
11. Personal data
The computerised processing of the Client’s personal data gathered during the purchasing of a Product via the Website is intended only for the fulfilment of the order and for the management and tracking of the customer relationship.
Pursuant to law number 78-17 of January 6, 1978 concerning information technology, data files and personal liberty (the French data protection act) and the European general data protection regulation of April 27 2016 (EU regulation 2016/679 or GDPR), the Consumer has a right concerning the access to, the rectification of, and, subject to the legal provisions applicable in this field, the deletion and portability of the data concerning him which he may exercise by contacting NOTILO PLUS at the following address: Parc d’activités de la Valentine, lot 4, montée du commandant Robien, 13011 Marseille, France.
Once an order has been placed, the Client may receive e-mails or text messages containing information or commercial proposals from NOTILO PLUS, from which he may unsubscribe at any time in the case of e-mails by clicking the unsubscribe link shown at the bottom of each e-mail received and in the case of the text messages by clicking STOP in each text message received.
12. Applicable law
The GTS and all contractual information mentioned on the Website are drafted in French. In the event of any divergence between any translated version and the French version, the latter will prevail.
The contract of sale and the GTS governing it are subject to French law.
13.1 The consumer ombudsman
The provisions of this Article 14.1 apply only to Consumers.
In the event of any dispute, the Consumer must contact NOTILO PLUS as a priority, by e-mail or post, at the following address: Parc d’activités de la Valentine, lot 4, montée du commandant Robien, 13011 Marseille, France.
In the event that the complaint submitted to the customer service department is not resolved satisfactorily or in the absence of a reply from this department within a period of two months, the Consumer may refer the dispute between him and NOTILO PLUS concerning the order or these GTS to any consumer ombudsman, who will seek to reconcile the parties in an independent and impartial manner with a view to finding an out-of-court solution:
Association Nationale des Médiateurs (ANM) either by mail by writing to 62, rue Tiquetonne 75002 PARIS, France or by e-mail by completing the online referral form at the following address: www.anm-conso.com
The parties to the contract remain free to accept or refuse the possibility to use the services of the ombudsman and, in the case that an ombudsman is used, to accept or refuse the solution proposed by this ombudsman.
Should no amicable agreement be forthcoming, and in the event of a legal dispute with the Consumer, the court with jurisdiction for the matter will be either that of the area in which the Consumer resides at the time the contract was concluded or that of the area in which NOTILO PLUS’ registered office is based or that of the area to which the Products were delivered, at the Consumer’s discretion.
In the case of disputes with professionals which cannot be resolved by attempts at reaching an amicable solution, only the courts for the area in which NOTILO PLUS’ registered office is located will be considered as having jurisdiction.
WITHDRAWAL FORM TEMPLATE
(Please only complete and return this form if you wish to withdraw from the contract.)
For the attention of NOTILO PLUS, NOTILO PLUS, a Simplified Joint Stock Company with a registered capital of 16,087 euros, registered in the Trade & Company Register of Grenoble under the number 818 400 145, VAT number FR79818400145, having its registered office at Parc d’activités de la Valentine, lot 4, montée du commandant Robien, 13011 Marseille, France.
Via this document, I/we (*) hereby notify you of my/our (*) withdrawal from the contract concerning the sale of the Product mentioned below:
Ordered on (*)/received on (*):
Name of the Consumer(s): …………………………………………………………..
Address of the consumer(s): ………………………………………………………
Signature of the Consumer(s) (only if this form is submitted in paper form):
(*) Strike out whichever does not apply.
MANDATORY INFORMATION FOR THE ATTENTION OF THE CONSUMER
Article L.217-4 of the French Consumer Code
The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery.
He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefore under the terms of the contract or had it carried out under his responsibility.
Article L.217-5 of the French Consumer Code
To conform to the contract, the product must:
- Be suitable for the purpose usually associated with such a product and, if applicable:
– correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
– have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;
- 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 L217-12 of the French Consumer Code
Action resulting from lack of conformity lapses two years after delivery of the product.
Article 1641 of the French Civil Code
The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects.
Article 1648 paragraph 1 of the French Civil Code
An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.