SALES CONDITIONS AND LEGAL GUARANTEE
These General Terms and Conditions of Sale (hereinafter, "General Sale Conditions") govern the offer and sale of ICON62 products through the website www.icon62.com (hereinafter, "Site").
The products marketed on the Site (hereinafter, "Products") are offered and sold by ICON62., with registered office at rue Dalou, 11 Paris75015-France.
On the Site, the Seller ICON62., offers ICON62 branded products for sale.
ICON62, with registered office at rue Dalou, 11 Paris75015-France is the owner of the Site and the owner of the ICON62 trademark and will directly handle Customer Service and Complaints in full compliance with these General Sale Conditions through the contacts indicated below.
SCOPE OF APPLICATION AND SITE NAVIGATION :
1.1 The offer and sale of the Products on the Site constitute a distance contract governed by Consumer Code containing the rules of electronic commerce.
1.2 These General Sale Conditions apply to all sales made by the Seller on the Site.
1.3 The General Sale Conditions are the only ones applicable to purchase agreements between the user and the Seller through the Site and may be amended at any time. Any amendments and/or new conditions will be in force from the time of their publication on the Site. Users are therefore invited to regularly access the Site and to consult, before making any purchase, the most updated version of the General Sale Conditions. Each agreement shall be governed by the General Sale Conditions in force at the time the user places an order.
1.4 The applicable General Sale Conditions are those in force on the date the purchase order is sent.
1.5 These General Sale Conditions do not regulate the sale of products and/or the provision of services by parties other than the Seller that are shown on the Site through links, banners or other hypertext links. Prior to conducting business transactions with such parties, it is necessary to verify their terms and conditions of sale. The Seller is not responsible for the provision of services and/or the sale of products by such parties. The Seller does not control and/or monitor the websites that can be consulted through these links. The Seller is therefore not responsible for the contents of such websites nor for any errors and/or omissions and/or violations of law by the same.
1.6 The user is required to carefully read these General Sale Conditions, which the Seller makes available to him/her in the "General Sale Conditions" section of the Site brought to his/her attention with due care at the time of registration of these General Sale Conditions, as well as when subsequently accessing the Site for individual purchases, using explicit references, and which he/she is allowed to store and copy, along with all other information that the Seller provides on the Site, both before and during the purchase procedure. By making a purchase on the Website, the Customer declares to have fully understood and accepted these General Sale Conditions and the General Conditions of Use of the Site and releases the Seller from providing him/her with any further reference to the General Conditions after the submission of the order form, without prejudice to the transmission of a summary of the General Sale Conditions together with the Order Confirmation.
1.7 Without prejudice to the mandatory rules of law, the user declares and accepts that all communications, information and contractual terms and conditions (including these General Sale Conditions), which will be provided or made available to him/her in electronic form, satisfy the requirement of written form, where this is required by applicable law.
1.8 These General Sale Conditions are applicable to those European countries in which the Seller markets its products and specifically: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Slovenia, Slovakia, Spain, Sweden, the United Kingdom, each of which is associated with a specific section of the Site ("Country"). It is understood that European citizens residing in countries not included in the "Country" list will be free to access the Country pages and purchase Products according to these General Conditions.
1.9 When the user first requests to visit the Site and in accordance with Regulation (EU) 2018/302 of the European Parliament and of the Council of 28 February 2018 (i.e., "Geo-Blocking Regulation"), the user may select the version of the Site, among those available, that he/she wishes to visit. This choice may be applied to the user's personal account, if the user has one, and shall not be repeated each time, as the same version of the Site is valid for all subsequent visits of the same user, without prejudice to the user's right to change it at any time by contacting Customer Service in the manner and at the contact details and without prejudice to accessibility to other versions of the Site available at any time. It should also be noted that, after the purchase process commences (which coincides with the moment when the user, to place a product in the shopping cart, clicks on "Buy"), the user may still choose to change the version of the Site he/she has previously selected, but this will interrupt the purchase process, empty the shopping cart and redirect the user to the Home Page of the version of the Site he/she has chosen according to the procedure described in the paragraph above. However, the following shall still apply: - in the case where it is necessary to block the user, to limit his/her access or redirect him/her to an alternative version of the Site for reasons related to the user’s nationality, place of residence or place of establishment to ensure compliance with a legal requirement under European Union law or domestic law applicable at any time, a clear and specific explanation of why it is necessary to block, limit access or redirect to an alternative version of the Site will be provided; - the Seller is entitled to make targeted offers and/or to establish different general access conditions (i.e., by preparing country-specific versions of the Site), including net sale prices, while still maintaining in all cases non-discriminatory treatment that is independent of the user's nationality, place of residence or establishment.
PURCHASES ON THE SITE :
2.1 The purchase of Products on the Site is permitted only to persons who:
i. have reached the age of 18;
ii. are consumers, meaning natural persons who, in relation to the purchase of the Products, are acting for purposes unrelated to any entrepreneurial, commercial, professional or craft activity that may be carried out.
2.2 The user may purchase multiple Products with one order ("Multiple Order"). The Seller also reserves the right not to accept a Multiple Order if more than five pieces of the same article are in the same order;
2.3 In the event where these prohibitions are violated or in the case of irregular orders, from anyone, concerning the quantity of products purchased or the frequency of purchases made, the Seller reserves the right to take all necessary steps to put an end to the irregularities, including the non-acceptance or cancellation of irregular orders or, subject to a joint resolution with ICON62, suspend access to the Site.
2.4 Finally, the Seller reserves the right to refuse or cancel orders coming from:
i. a user with whom a legal dispute is pending on the user’s breach of contract, and the non-payment of amounts from previous sales agreements;
ii. a user who has previously violated the terms and/or conditions of the purchase agreement with the Seller;
iii. a user who has been involved in any kind fraud and, specifically, credit card fraud;
iv. users who have issued false, incomplete or otherwise inaccurate identification data or who have not promptly sent the Seller the information and/or documents requested by the same or who have sent invalid documents.
SITE REGISTRATION :
3.1 Products may be purchased on the Site in "guest" mode.
3.2 The user guarantees that the personal information provided at any other time of his/her relationship with the Seller ICON62. is complete and truthful and undertakes to hold the Seller ICON62. harmless and indemnified from any damage, obligation to pay compensation and/or penalty/fine deriving from and/or in any way connected to the user's violation of the rules on registration to the Site or on retaining registration credentials.
3.3 Purchase through the Site constitute acceptance of these General Sale Conditions. The Seller will in any case take the necessary steps to ensure that the user is aware of the contents of these General Sale Conditions at the time of registration and/or subsequent access to the user profile (necessary to proceed with the purchase).
INFORMATIONS LEADING TO COMPLETING THE AGREEMENT:
4.1 The Seller informs the user that:
i. to complete the purchase agreement for one or more Products on the Site, the user must fill in an order form ("order form") in electronic format and send it to the Seller electronically following the instructions that will appear from time to time on the Site;
ii. before submitting the order form, the user may identify and correct any data entry errors by following the instructions on the Site;
iii. by submitting an order form, the user represents and warrants that he/she is a bona fide user who is purchasing the Products for their personal use or for another person and that he/she will not deliver, sell or distribute the Products or purchase the Products for commercial purposes;
iv. once the order form has been received and registered and the validity of the User’s choice and means of payment has been confirmed ("Payment Authorisation", which will not entail any cost to the User), the Seller will send the order confirmation to the user’s e-mail address indicated containing: a summary of the General Sale Conditions, as well as the specific contractual conditions applicable to certain types of Product, information relating to the essential characteristics of the Product purchased or, in the case of a Custom-Made Product, information relating to such product and the customisation options chosen by the user, a detailed indication of the price, the means of payment used, the costs and delivery periods and any additional costs as well as information on the right to cancel or its exclusion. Payment will be made only when the items contained in the order form are actually shipped
v. the order form is accepted by the Seller only when the user receives the order confirmation, which will confirm the shipment of the Products purchased and available to the Seller. Only at this time will the agreements between the Seller and the user for the sale of the Products listed in the order confirmation be considered concluded. The user must verify the accuracy of the data in the order confirmation message and, in the case of errors, must promptly report them to the Seller. If one or more Products ordered by the User are unavailable, the Seller will send the order confirmation as soon as they are available, on the understanding that, if after 14 business days from sending the order no order confirmation is sent, those Products included in that part of the User's order will be considered declined by the Seller;
vi. the order form will be stored in the Seller's database for the time necessary to complete the order and, in any case, within the time limits established by law.
4.2 The languages available to users to complete the agreement are Italian, English, FrenchCustomer Service is able to communicate with users in Italian, French and English.
PRODUCT AVAIBILITY :
5.1 The Products offered on the Site are home accessories bearing the ICON62 trademark in the electronic catalogue published on the Site at the time the user places the order.
5.2 The availability of the Products, indicated on the Site at the time of the order form, must be considered merely indicative and subject to the Seller’s verification even if the availability of the Products is continuously monitored and updated. However, since several users may visit the Site at the same time, several users can purchase the same Product contemporaneously. In such cases, therefore, Products may be briefly available, out of stock or not immediately available, and it will become necessary to wait for their restocking.
5.3 Once the Customer’s order form is received, the Seller will verify the actual availability of the Product, and in the event of a positive response will confirm the order. Only then can the on-line sale Agreement be considered completed. If the Product is not available, the Seller will inform the User of this circumstance, on the understanding that if the Seller does not respond within 14 business days, the order will be considered to have been refused by the Seller without any charge to the User. Any sums paid/charged, depending on the payment method used, will be promptly returned/released.
5.4. Where the Seller finds that the Products are unavailable, the Seller may propose to the User:
i. the same Product, with a new and extra delivery period, if the Product can be restocked. Accordingly, the Seller will send a communication summarizing the new terms and conditions, containing all the information referred to in the "Order Confirmation".
For the purpose of executing the Agreement, the User must communicate his/her acceptance, within 14 business days. If no reply is received within this time limit, the proposal will be definitively rejected. For payment purposes, the User will be asked to repeat the data entry payment procedures; ii. a different product, if the Product cannot be restocked, for the same or a different amount.
5. 5 If the Total Amount Due - consisting of the price of the Product, including VAT, any other applicable taxes or duties, delivery charges, if any, and any other additional costs, as resulting from the order - has been paid before the Order Confirmation, the Seller shall refund the Total Amount Due without undue delay and, in any case, no later than 15 calendar days from when the Customer is notified of the Product’s unavailability or for any other reason that does not result in executing the Agreement. The same period applies to the release of any amounts tied up by forms of payment that provide for such an eventuality, such as credit cards. The amount of the refund ("Refund Amount") will be communicated to the user by e-mail and credited to the same means of payment used by the user for the purchase. Any credit delays may depend on the bank, credit card type or payment solution used. In any case, the value date of the amount credited back will be the same as the date it was charged.
5.6 The provisions of this Clause also apply to a Multiple Order. Where the Seller finds that all or part of the Products making up the Order are unavailable, it shall promptly notify this in the forms and manner. If limited parts of the Products making up the Order are unavailable, the User may request to cancel the entire Multiple Order only if the interdependent nature of the unavailable Product(s) in the Multiple Order with respect to the other Products available in that Multiple Order is obvious and proven.
Pre-Ordered Products and Back-in-Stock Products
5.7 The Seller reserves the right to:
i. offer the user the possibility to buy the Products of new collections in advance, before they are manufactured ("Pre-Ordered Products");
ii. offer Products for sale that, although not available at the time they are included in the Site’s electronic catalogue (because, for example, they are pending restocking), the user can still select to purchase ("Back-in-Stock Products")
Both the Pre-Ordered Products and the Back-in-Stock Products will be included in a specific section of the Site and/or will be identified by the wording "Pre-Ordered" or "Back-in-Stock"; on the Product Sheet of each Pre-Ordered or Back-in-Stock Product, as well as during the purchase process and, in any case, before the user is bound by the purchase agreement for the Pre-Ordered or Back-in-Stock Product, the date from when the Pre-Ordered Product will become available will be indicated. The user can purchase and pay for the Pre-Ordered and/or Back-in-Stock Products using the same procedures referred to in these conditions, excluding the Real Time Banking Method, which is not available for such products; once the order form has been sent, the user will receive an order confirmation e-mail, specifically referred to the Pre-Ordered or Back-in-Stock Products; that e-mail will be sent separately from the one for the Products, differentiating between the Pre-Ordered and/or Back-in-Stock Products, potentially purchased by the user together with the Pre-Ordered and/or Back-in-Stock Products.
The Total Amount Due for the Pre-Ordered and/or Back-in-Stock Products will only be charged when the Pre-Ordered or in Back-in-Stock Product is shipped: accordingly, where payment is made on-line with a credit card, no amount will be charged to the user before such date, but the Seller will but merely verify that the card is valid and has not been blocked.
Those who purchase a Pre-Ordered and/or Back-in-Stock Product will be notified by e-mail of the Pre-Ordered and/or Back-in-Stock Product’s availability ("Availability Confirmation E-mail"). In the cases of missed or delayed delivery or in the case where the Pre-Ordered Product is not manufactured or when a Back-in-Stock Product does not become available again, the provisions below will apply. All other provisions of these Conditions shall also apply, insofar as they are applicable.
5.8 The Seller reserves the right to offer the user the possibility to purchase "custom-made” Products, namely those products that, starting from a basic model, the user can choose to customize according to the options that are made available to him/her from time to time ("Custom-Made Products"). Custom-Made Products will be included in a specific section of the Site and/or will be identified with the wording "Custom-Made"; the Product Sheet of each Custom-Made Product will show - during the purchase process and, in any case, before the user is bound by the Custom-Made Product’s purchase agreement - the starting date of the Custom-Made Product’s delivery period.
The same procedures shall apply to Custom-Made Products, as well as, insofar as they are compatible, all other provisions of these General Sale Conditions. In any case, the user is reminded that both the right to replace the product and the right to cancel are excluded for Custom-Made Products.
PRODUCT INFORMATION :
6.1. Each Product is accompanied by an information sheet illustrating its main characteristics ("Product Sheet"). The images and descriptions on the Site reproduce the characteristics of the Products as faithfully as possible. The colours of the Products, however, may differ from their actual colours due to the settings of the computer systems or computers used by users to display them. The Product images on the Product Sheet may also differ in size or in relation to any accessory products. These images should therefore be understood to be indicative and with tolerances for use. For the purposes of the purchase agreement, the Product’s description contained in the order form submitted by the user shall prevail.
PAYMENT METHODS FOR SITE PURCHASES
DELIVERY OF THE PRODUCTS
LEGAL WARRANTY OF CONFORMITY
PROCESSING OF PERSONAL DATA
APPLICABLE LAW; OUT-OF-COURT SETTLEMENT OF DISPUTES - ALTERNATIVE DISPUTE RESOLUTION/ON-LINE DISPUTE RESOLUTION
CUSTOMER SERVICE AND COMPLAINTS
7.1 All prices of the Products published on the Site are expressed in Euro (or local currency) and include the Value Added Tax - VAT in force at the time of submitting the order form and net of shipping costs. The user can review the Total Amount Due indicated on the order before placing the order.
7.2 The Seller reserves the right to change the price of the Products at any time without prior notice, on the understanding that the price charged to the user will be the price indicated on the Site at the time the order is placed and that no account will be taken of any changes (increases or decreases) after submitting the same.
7.3 In the event where a Product is offered on the Site at a discounted price, the full reference price against which the discount is calculated and the relative percentage discount will be indicated on the Product Sheet.
PURCHASE ORDERS :
8.1 In the event where the Total Amount Due is not paid or the payment is not confirmed, the purchase agreement shall be considered terminated by operation without prejudice. The user will be notified by e-mail of the agreement’s termination and the consequent cancellation of the order.
8.2 The Seller will ship the Products only after receiving the payment confirmation of the total amount due by the user. The risk of loss or damage to the Products for reasons beyond the Seller’s control, however, will be transferred to the user, when the latter, or another person designated by him/her other than the carrier, comes into material possession of the Products.
PAYMENT METHODS FOR SITE PURCHASES :
9.1 Products purchased on the Site may be paid:
• by credit card.
• by PayPal payment solution.
If one or more of the payment methods listed above cannot be used, also potentially for a specific Product, this will be clearly indicated on the Site, at the beginning of the purchase procedure or, at the latest, before the user completes the purchase and submits the order. In any case, the user cannot select unavailable payment method(s) during the purchase process.
9.2 For on-line payment by credit card, the Seller does not charge the Total Amount Due at the time the order is placed, but merely verifies that the card is valid and has not been blocked. The Total Amount Due will be charged only at the time of shipment, specifying that if a Multiple Order contains Products with different delivery dates, the charge will be split and will follow the shipments. Note that the card's validity and the absence of blocks are confirmed when requesting a payment authorisation, which is then received briefly afterwards without any additional cost for the user.
9.3 If the user is unable to complete the payment of his/her order with one of the methods referred to in Clause 9.1 above (i.e., due to the card’s invalidity and/or the card being blocked during the verification procedure; lack of funds in the bank account; reaching the maximum expenditure limit, etc.) and if the Seller decides not to terminate the agreement the order placed by the user will be suspended and Customer Service will contact the user to propose him/her payment by European bank transfer.
9.3.1 If the user agrees to pay by bank transfer, Customer Service will send him/her an e-mail containing the bank details necessary to make the transfer.
9.3.2 The payment of the Products by bank transfer must be made no later than four business days from the date of receipt of the e-mail. Once this time limit has expired without receiving payment, the agreement shall be terminated by operation. The user will be notified of the agreement’s termination, which will result in the order’s cancellation and refunding the Total Amount Due, potentially paid late.
9.3.3 For payment by bank transfer, the Product’s delivery period will start from the date of when the Seller receives the bank transfer. To facilitate connecting the payment received by bank transfer with the order, we ask the user to indicate the following information in the bank transfer:
- the order number;
- the date when the order was placed;
- the name and surname of the person placing the order, if different from those of the bank account holder from whom the transfer was sent.
The user is advised to promptly send the Seller, by e-mail, the receipt of the bank transfer.
9.3.4 The information referred to in Clauses 9.3.1, 9.3.2 and 9.3.3 shall be contained: (i) in the order confirmation e-mail referred to in Clause 4.1 (v) above, if not yet sent to the user, or (ii) in a specific e-mail, if the e-mail confirming the order as per Clause 4.1 (v) has already been sent to the user.
9.4 In the case of PayPal payments, the user will be redirected to the website where the user will pay for the Products according to the procedure provided for and regulated by PayPal and under the terms and at the conditions agreed between the user and PayPal. The data entered on the PayPal website will be processed directly by it and will not be transmitted or shared with the Seller. The Seller is therefore not able to know and does not store in any way the credit card data connected to the user's PayPal account or the data of any other payment instrument connected to that account.
9.5 For payment with PayPal, the Total Amount Due will be charged by PayPal to the User at the same time that the User sends the order form. In the case where the purchase agreement is terminated and in any other case of refund, for whatever reason, the Refund Amount payable to the user will be credited to the user's PayPal account. The time within which the payment instrument connected to that account is credited depends exclusively on PayPal and the banking system. Once the order to credit that account has been placed, the Seller cannot be held liable for any delays or omissions in crediting the Refund Amount to the user; the user must contact PayPal directly for any complaints.
9.6 To ensure the security of payments made on the Site and to prevent possible fraud, the Seller reserves the right to ask the user, by e-mail, to send, by the same means, a double-sided copy of their valid ID card, and, in the case where the person placing the order is different from the holder of the credit card or PayPal account or ID card, the Seller may request, alternatively or in addition to the above, the authorisation code for the transaction referred to in the order given by the user. The request e-mail will specify the time limit by which the document must reach the Seller. This time limit shall in any case not exceed 5 business days from when the user received the request. Pending receipt of the information and/or document requested, the order will be suspended. The user is obliged to send the requested information and/or documents within the specified time limit. In the event where the Seller does not receive that information and/or documents within the period specified in the request e-mail or receives incorrect or incomplete information and/or expired or invalid documents, the agreement shall be terminated by operation and the order consequently cancelled, without prejudice to the Seller's right to claim compensation for any damage it may incur due to the user's non-compliant behaviour. The user will be notified by e-mail of the termination of the agreement no later than 5 days from the expiry of the time limit for sending the information and/or documents requested by the Seller, and this will result in the order’s cancellation and refunding the Total Amount Due, if any, already paid by the user, with the application of the refund procedures provided for in Clause 5.5, insofar as they are compatible. If the Seller receives the valid information and/or documentation within the indicated time limit, the delivery periods applicable to the Product will start from the date of their receipt.
9.7 In any case, the commercial invoice will be issued at the time of shipment and will be sent by e-mail to the user at the address registered thereby.
DELIVERY OF THE PRODUCTS :
10.1 The Delivery of the Products purchased on the Site is made in all countries listed in Clause 1.8 above:
a) to the shipping address specified by the user on the order form.
The user is responsible for checking the condition of the Product delivered. Without prejudice to the fact that the risk of loss or damage to the Products, for reasons beyond the Seller’s control, is transferred to the user when the user, or another person designated by the same and other than the carrier, comes into material possession of the Products, the user is advised to check the integrity of the packaging and the number of Products received and is requested, where possible, to indicate any irregularities on the carrier's transport document. If the packaging shows obvious signs of tampering or alteration, the user is recommended to notify Customer Service immediately. The application of the rules on the right to cancel and the legal warranty of conformity remains unchanged.
Cancellation right :
A) Purchases on the Site
The user who is a consumer has the right to cancel the Product purchase agreement, within14 calendar days from delivery of the products. The cancellation period ("Cancellation Period") expires after 14 days:
- To exercise the right to cancel, the user must inform the Seller by mail firstname.lastname@example.org of their decision to cancel before the expiry of the Cancellation Period.
After exercising the cancellation right, the user must return the Products to the Seller in perfect condition, without undue delay and in any case no later than 14 calendar days from the date on which the user notified the Seller of his/her decision to cancel; the Product is deemed to be returned when it is delivered, within the abovementioned time limit, to the courier indicated by the Seller, or, as the case may be, to the courier chosen by the user ("Return Time Limit").
Within the Return Time Limit of 14 days:
The user who returns the Product at his or her own expense, including any customs costs shall return it, suitably protected and packed inside the original packaging, using the courier provided by the Seller.
PROCESSING OF PERSONAL DATA :
The Seller represents and warrants that it will process the users’ personal data acquired when completing and performing the agreements, in compliance with Regulation (EU) No. 2016/679.
CUSTOMER SERVICE AND COMPLAINTS :
You may request information, send communications, request assistance or lodge complaints by contacting the Seller's Customer Service ("Customer Service") in the following ways:
- by e-mail, at email@example.com or by filling in and sending the contact request form, available in the "Contacts" section of the Site.