TERMS AND CONDITIONS
Irise (hereinafter referred to as the “Company”) creates, designs and sells throughout the world fashion accessories for women carrying the Company’s labels, such as: Iridescent.
In order to meet and exceed its customers’ expectations and optimally satisfy their wishes, the company has set in place a system for distance selling of a selected range of products by Internet
Article 1 – Scope of application
These standard terms and conditions of sale are applicable to all sales of items carrying the Company’s labels concluded at a distance through the intermediary of the Company’s website, which is identified by the domain name “www.iridescent-paris.com” (hereinafter referred to as the “Website”):
– by accepting orders placed by customers who are natural persons (as distinct from legal entities) acting as a consumer (as understood by the law and case law), who habitually reside in the territory of Asia, America, France or Europe;
– with a view to delivering to these same customers, on their own account, or to any third party of their choice who also normally resides within this territory and whose capacity is likewise that of a consumer (as understood by the law and case law).
All sales of items carrying the Company’s labels effected through the Website are subject to these standard terms and conditions of sale, which the customer accepts. These terms and conditions may be modified or updated; the terms and conditions applicable to an order placed by a customer are those in force on the day on which the order is placed.
Article 2 – Identification of the company making the offer
A limited company, registered with the Paris Trade and Companies Register under the number 418 865 614 00022 JEANNE SIMONE, whose registered office is at 25 bis rue Villers de l’Isle Adam, sté 5, 75020 Paris, France; Email address email@example.com;
Article 3 – Information concerning items and limitation of liability
3.1 Information (categories, corporate names, definitions, reproduction of items, detailed descriptions: properties, characteristics and composition, etc.) concerning all items carrying the Company’s labels offered for sale at a distance that are available, in accordance with the legal and regulatory provisions applicable on the Website or via the Customer Relations Department: firstname.lastname@example.org
While taking the utmost care and ensuring the maximum degree of accuracy when placing information and descriptions of the various items online and as regards the data available on the Website and regularly updating the said information, descriptions and data, the Company cannot accept liability for any non-substantial errors that may occur. In the same way, although photographs and other reproductions of the items for sale represent them faithfully on the Website within the limits of the available techniques and in accordance with best market standards, they may nevertheless contain non-substantial errors. The customer acknowledges this and accepts it. At all events, if an item delivered is not in conformity with its description, the Company undertakes to correct this error, as provided for in Articles 12 and 13 below.
3.2 Speaking more generally, the Company cannot be held liable:
– for interruptions or delays noted on the Website owing to the carrying out of maintenance work, or owing to technical breakdowns, force majeure, or to a third party or to any circumstances whatsoever outwith its control.
– if it is impossible for either the customer or the Company to contact the Customer Relations Department and/or momentarily impossible to access the Website, owing to facts or actions outwith the Company’s control, such as computer breakdowns, interruptions of the telephone network or the Internet network, or faults affecting the hardware or software that enables reception of the said Internet network, etc.
Article 4 – Conditions concerning the placing of an order for items
4.1 In order to place an order on the Website, the customer must have reached the age of majority, must usually reside in the territory of Asia, America, France or Europe, enjoy legal capacity and hold a credit card as defined in Article 8 below.
Orders received in Asia, America, France or Europe will be accepted within the limit of the available stocks. To that end, the customer will be informed at the time of accepting the order on the Website information page describing each of the items:
– of the availability of the item;
– or, in the event of temporary unavailability of the item in question, of the possibility of ordering it with a view to subsequent delivery within the timeframe specified on this occasion.
If, despite the Company’s vigilance, the items ordered are no longer available, the Company will inform the customer of this by any appropriate means (telephone call or email) as soon as possible.
4.2 The customer undertakes to ensure that all the information communicated to the Company via the Website in the context of their order is compliant with these standard terms and conditions of sale and full, accurate and up-to-date. Failing this, the Company reserves the right to quite simply cancel the order and the corresponding payment.
It is hereby pointed out that when an order is placed, the Company collects the following personal data: the identity, user ID and password chosen by the customer on the Website, email address, telephone number, the address of the customer’s usual place of residence, the delivery address, payment method, etc.. This data is necessary in order to process the order, and may be communicated solely to the Company’s contractual partners intervening in the context of performance of the order (e.g. those acting as intermediaries, such as banking institutions for the payment for orders).
In particular, the customer is informed that this same personal data is also collected by FIA-NET S.A. the company responsible for analyzing orders and combating credit card fraud. If a payment is not honoured owing to fraudulent use of a credit card, the personal data relating to this unpaid order will be recorded in a file concerning “payment incidents” kept and consulted by FIA-NET S.A.. In this same context, the customer’s communication of incorrect information, as likewise any anomalies noted in their order, may also be specifically processed by FIA-NET S.A.
In accordance with the Data Processing Act of 6 January 1978, the customer has the right to access personal data concerning them and have it modified, rectified or deleted if appropriate.
In order to exercise this right, all you have to do is send a letter to: email@example.com
With respect to processing carried out by FIA-NET S.A., the customer may exercise this same right by writing a letter to and proving their identity to: FIA-NET S.A. – Service Informatique et Libertés – Traitements n°773061 and n°1080905 – 22 rue Drouot, 75009 PARIS.
4.3 In accordance with the provisions of Article L.122-1 of the Consumer Code, the Company is entitled, where retail sales are concerned, to refuse to accept any abnormal order that exceeds the authorized number of items, namely: 5 items per order, within the maximum limit of 2 identical items ordered.
The Company will also be entitled to refuse to accept any order: (i) placed by a customer with whom there is an outstanding dispute relating to the payment of a previous order; or (ii) that is not compliant with these standard terms and conditions of sale.
If the Company notes that the order does not meet these standard terms and conditions of sale (for example: an inaccurate delivery address, or an order that exceeds the order thresholds), it will inform the customer either directly on the Website, or by telephone, or by means of an email. If the customer fails to contact the Company in order to correct any inaccurate items of information or information given in their order that is contrary to these standard terms and conditions of sale, the Company reserves the right to purely and simply cancel the order and the corresponding payment.
Article 5 – Orders placed by Internet on the Website
Orders placed on the Website are subject to strict compliance with the procedures described below, which are confirmed by a succession of different screens on which the successive steps that the customer must imperatively follow in order to validate their order are duly displayed.
5.1 Step one: the customer selects the items they wish to buy
On the Website, the customer selects, registers and validates the identification and quantity of the items that they wish to order (whose availability will be confirmed, if this is the case, by the Company); these items will be added to their “Shopping Basket”.
5.2 Step two: verification of the items selected
The customer may freely modify online their “Shopping Basket” containing the items selected, remove an item initially selected, modify the quantities ordered or alternatively add an item by clicking on the corresponding elements placed at their disposal in the “Shopping Basket”. The price of the items selected will be automatically displayed in the “Shopping Basket”, as defined below in Article 8.
5.3 Step three: confirmation of the items selected and validation of the order
Once the customer has made their selection and wishes to validate the contents of their “Shopping Basket”, they must next identify themselves:
– If they have an account on the Website: by their email address (user ID) and their password;
– If they do not have an account on the Website: by their name, the address of their usual residence to which the order will be invoiced to them, their telephone number.
The customer must also validate:
– the delivery address for the order, it being noted that the said address may correspond to the usual place of residence in Asia, Europe, France or America of a third party beneficiary chosen by the customer or, failing this, the address of the company in which the third party beneficiary pursues their professional activity if this is located in the same territory;
– the despatch method opted for (express or standard post), standard carriage costs being borne by the Company;
– and, lastly, the chosen payment method.
Once all this information has been duly recorded and validated, the price of the items, as defined below in Article 8, and the carriage costs, if any, will be automatically displayed.
After communicating the number of their credit card, in accordance with the provisions of Article 9 below, the customer must then click on the “VALIDATE MY PAYMENT” button in order to debit their bank account.
The authorization to debit their bank account issued by the customer’s bank will then be displayed. The customer is advised to register and/or make a print-out of this debit authorization. Once the customer’s bank has authorized the debiting of their bank account, their “Shopping Basket” will be directly forwarded to the Company department responsible for preparing orders; the customer will then see their order number displayed.
This order will be binding on the customer as from the time when the “Shopping Basket”, duly filled and validated by the display of the registration page for the order, is received by the Company.
5.4 Step four: the Company’s acknowledgement of receipt of the order
The Company will then acknowledge having received the order by means of an email sent to the email address communicated by the customer. In accordance with the provisions of Article 1369-2 of the Civil Code, the customer formally agrees to the Company’s using an email for the purpose of confirming the content of their order.
This confirmation email will note all the information communicated by the customer and will indicate, where relevant, any difficulties or reservations concerning the order (availability of the items ordered, delivery timeframes or payment method chosen). It will give the order number allocated to the customer by the Company.
5.5 Step five: despatch of the items
At the time of despatch of the items ordered to the delivery address chosen by the customer, the Company will send the latter an email informing them of the said despatch and the banking of their payment, as provided for below in Article 9.
Article 6 – Proof of the order
Generally speaking, it is expressly agreed between the Company and the customer that emails exchanged by the parties will hold good and be held to be authentic, as will the automatic registration systems used by the Customer Relations Department or used on the Website, especially as concerns the nature and date of the order. In addition, the Company will keep the items of information concerning any order whose value is equal to or greater than one hundred and twenty euros (€120) for a period of ten (10) years. This information will be made available to the customer on their sending a request to that effect to: firstname.lastname@example.org. The customer is nevertheless advised, in the case of orders placed on the Website, to also keep a copy (in the form of a computer record and/or a paper print-out) of the various items of information relating to their order (for example, the email sent by the Company as provided for in Article 5.4 above).
Article 7 – Price of the items
7.1 The prices involved are those in force at the date of the order.
The amount of the transport costs, if any: will be automatically displayed, if relevant, on the Website at the time of the validation of the despatch method chosen by the customer, as stipulated in Article 5.3 above, and will also be communicated to the customer at the time of confirming their order by email.
At the time of delivery, the customer will receive written confirmation of the price paid for each item and the delivery costs charged to them.
7.1 The website iridescent-paris.com proposes articles of a limited edition of 11 pieces maximum of an artistic creation without VAT
Article 8 –Payment terms
The customer’s purchases will be paid for by credit card. The following credit cards are accepted by the Company: “CB” cards, Visa cards, Eurocards, Mastercards, American Express cards. Cards issued by banks domiciled outside France must obligatorily be international credit cards. In this context, the customer undertakes to effect payment via a credit card of which they personally are the holder, which mentions their identity (surname and first name).
For online payment on the Website: the customer will access a secure server operating in SSL mode (128 bits) that has been certified by a Certification Authority. The customer must provide their credit card number and/or their bank details by filling in the online payment form.
The transaction will then be effected by the customer in accordance with secure banking standards on the Website, by communicating their credit card number and/or their bank details; the customer unconditionally agrees in advance that the Company may complete the secure transaction in question. The customer therefore authorizes their bank in advance to debit their account with a view to any registrations or statements forwarded by the Company, even in the absence of invoices signed by the holder of the card. The authorization to debit the customer’s account is always given only for the amount of the item/ items bought
The customer’s credit card will then be debited after verification of the fact that their order is in conformity with these standard terms and conditions of sale, and after having checked the availability of the item(s), at the time of the despatch of the latter by the Company. If, for any reason whatsoever (objection, refusal on the part of the issuing centre, etc.), debiting the sums payable by the customer proves to be impossible, the order will not be registered by the Company and/or will be cancelled.
Article 9 –Delivery
Items can only be delivered:
– either to the customer’s usual place of residence;
– or to the delivery address indicated by the customer at the time of placing their order, it being pointed out that this address must correspond to the usual place of residence of a third party beneficiary chosen by the customer who normally resides in Asia, America, France or Europe, failing this, to the address of the company in which the latter pursues their professional activity, provided that this is located in the same country as that of the said third party’s usual place of residence; it is understood that that items cannot be delivered to hotels or post office boxes.
Once payment of the amount payable for the items ordered has been duly recorded, these items will be delivered to the delivery address indicated by the customer. To that end, the latter undertakes to have communicated an exact delivery address to the Company.
The items ordered will be delivered:
– either on the date or within the timeframe indicated to the customer by the Company and, at the latest, within thirty (30) days of the date of the order;
– or within the timeframes notified to the customer in the case of temporary unavailability of the item in question and accepted by the customer: at the time of adding an item in their “Shopping Basket” prior to acceptance of their order.
The Company will deliver the items ordered by standard or express post as chosen by the customer. Deliveries will take place exclusively Asia, America, France or Europe.
Article 10– Reservation of title
THE COMPANY RESERVES THE OWNERSHIP OF THE ITEMS DELIVERED UNTIL SUCH TIME AS THE PRICE HAS BEEN PAID IN FULL, IN PRINCIPAL AND INTEREST. PAYMENT WILL BE COMPLETED ONCE THE PRICE HAS EFFECTIVELY BEEN BANKED. IN THE CASE OF TOTAL OR PARTIAL NON-PAYMENT, THE COMPANY MAY ISSUE A FORMAL CLAIM IN RESPECT OF THE ITEM OR ITEMS DELIVERED BY THE COMPANY TO THE CUSTOMER.
Article 11 – Intellectual property rights
The customer is granted a licence to use the Website, which remains the exclusive property of the Company, which created it and put it online, including the web pages, images, word sources and database composing it. The customer accordingly undertakes not to disseminate or reproduce the Website, either in whole or in part, in any form whatsoever. The Company’s items and trademarks, such as Iridescent, etc. (this list is not exhaustive), and all the trademarks whether figurative or not, and, in general, any other trademarks, illustrations, images, designs, models and logos featuring on the Company items sold at a distance, or on their accessories or packaging, whether filed or not, are and will remain the exclusive property of the Company.
Any total or partial reproduction, downloading, modification or use of these trademarks, illustrations, images and logos, designs and models, for any reason whatsoever and on any medium whatsoever, without the Company’s express prior written consent, is strictly prohibited.
The same applies to any combination or conjunction with any other trademark, symbol, or logo or, in general, any distinctive sign destined to form a composite Website logo. In the same way, the following are strictly forbidden without the Company’s express prior written consent:
– the creation of hyperlinks towards any of the pages or elements making up the Website;
– any non-compliant use of this licence to use the Website and, in particular, use of any of the elements making it up (items presented, descriptions, prices, data, software, graphics, images, texts, photographs, tools, etc.) for the purpose of making a sale or for any other directly or indirectly commercial use.
drawal from the sale by means of an email,
Article 12 – Conformity – warranty
In the unlikely event that you receive your order and it is not to your satisfaction, please do not hesitate to contact us for a company issued refund.
While we want to make you happy, we can not accept items that have been worn, altered or found to be in unsalable condition.
Article L. 211-4 of the Commercial Code stipulates that: “The seller is responsible for delivering goods that are in conformity with the sale contract, and will be responsible for setting right any non-conformity existing at the time of delivery.
It will also be responsible for any non-conformity resulting from the packaging, or from the instructions concerning assembly or installation if the seller is responsible for this under the terms of the sale contract or if it took place under their responsibility.”
Article L. 211-5 of the Commercial Code: “In order to be in conformitywith the sale contract, the goods must:
1. Be suitable for the use normally expected of similar goods and:
– correspond to the description given by the seller and possess the qualities presented by the latter to the purchaser in the form of a sample or model;
– present the qualities that a purchaser may legitimately expect in the light of the public declarations made by the seller, the producer or their representative as, for example, in advertising material or labelling;
2. Or present the characteristics defined by mutual agreement by the parties or be suited to any special use sought by the purchaser, brought to the seller’s knowledge and agreed to by the latter.”
Article L. 211-12 of the Commercial Code: “Legal actions resulting from the non-conformity of goods are time-barred at the end of two years as from the delivery of the goods.”
Article 1641 of the Civil Code: “The seller is bound by a warranty relating to any hidden defects in the thing sold that render it unsuitable for its intended use, or which so reduce this use that the purchaser would not have bought it or would have paid a lower price for it had it been aware of these defects”.
Article 1648, paragraph 1, of the Civil Code l: “Any legal action on the score of hidden defects must be brought by the purchaser within a period of two years as from the time of discovering the defect in question”.
Article 13 – Force majeure
The Company’s performance of all or part of its obligations will be suspended in the event of the occurrence of an act of God or a case of force majeure, as understood by case law, which prevents or delays their performance. The Company will inform the customer of any such act of God or case of force majeure within seven (7) days of its occurrence.
If this suspension of the Company’s performance of its obligations continues for more than fifteen (15) days, the customer will have the possibility of cancelling the order in course. In this case they will be reimbursed by the Company as soon as possible by crediting the customer’s bank account.
Article 14 – Non-renunciation
The fact that at any given time the Company abstains from enforcing the performance of any of the provisions set forth in these standard terms and conditions of sale cannot be interpreted as constituting renunciation of the possibility of subsequently invoking the said total or partial non-performance.
Article 15 – Validity of the standard terms and conditions of sale
Should any of the provisions of these standard terms and conditions of sale come to be declared wholly or partially null and void, the other provisions and all the other rights and obligations resulting from the said standard terms and conditions of sale will remain unchanged and will continue to be applicable.
Article 16 – Disputes – Applicable law
THESE STANDARD TERMS AND CONDITIONS OF SALE ARE GOVERNED BY FRENCH LAW, EXCEPT IN THE EVENT OF ANY IMPERATIVE PROVISIONS TO THE CONTRARY STEMMING FROM EC REGULATION no. 593/2008 OF 17 JUNE 2008 CONCERNING THE LAW APPLICABLE TO CONTRACTUAL OBLIGATIONS (ROME I). SHOULD ANY DIFFICULTY ARISE ON THE OCCASION OF AN ORDER OR THE DELIVERY OF THE COMPANY’S ITEMS, BEFORE TAKING ANY LEGAL ACTION, THE CUSTOMER WILL HAVE THE POSSIBILITY OF SEEKING AN AMICABLE SOLUTION, AS FOR EXAMPLE WITH THE ASSISTANCE OF A CONSUMER ASSOCIATION OR ANY OTHER LEGAL ADVISER OF THEIR CHOOSING.