Terms of sale
Article 1: General
The present general conditions of sale and use of the company Identités define the rights and obligations of the parties within the framework of the sale of products and services by identites.tm.fr to the client and the use of the website identites.tm.fr. The client declares that he/she has read and accepted the rights and obligations related to this agreement.
The identites.tm.fr website is the property of the company Identités 49 in its entirety, as well as all related rights. Any reproduction, in whole or in part, is systematically subject to the authorization of the owners.
Identités 49 is a French SAS with a capital of €120,000, whose head office is located in Saint-Barthélemy-d'Anjou (49124), ZA Pôle 49 - Boulevard de la Chanterie - tel 02 41 96 18 48, and is registered in the Angers Trade and Companies Register under number 488 743 642, SIREN: 488 743 642 000 32.
Article 2: Purpose
The purpose of this contract is to define the general conditions of sale and the contractual relationship between Identités 49 SAS and its customer during a purchase. These conditions are complete and definitive. They are opposable to a third party. The competent jurisdiction in case of dispute is the Court of the place of actual delivery.
Article 3: Description of the products
Each product on our site includes a photo, a product description and a price.
Any customer has the right to return a product, as defined in article 9 of these general conditions of sale, in the event of non-conformity of the products sold with their description or due to the erroneous nature of the information contained in the latter.
The photos of certain articles can only be given as an indication and do not constitute a contractual document.
Article 4: Ordering procedures and prices
Visitors have the possibility to order on the internet by www.identites-vpc.com
Clients guarantee that they are fully entitled to use the bank card and that this bank card gives access to sufficient funds to cover all costs resulting from the use of the services of identites.tm.fr. Only persons legally capable of entering into contracts concerning the goods and services offered on the site can order on the identites.tm.fr site.
By clicking on the "Confirm" button during the order process, the client declares that he/she fully accepts the present General Terms and Conditions of Sale and Use without reserve.
The data recorded by identites.tm.fr constitute the proof of all transactions between identites.tm.fr and its members. Identites.tm.fr will systematically confirm your order and its shipment by email.
The contractual information is presented in French language and will be confirmed by email at the latest at the time of delivery.
The prices of our products are indicated inclusive of all taxes for private customers and exclusive of logistical preparation and shipping costs.
For deliveries and services outside the French territory, the provisions of the General Tax Code regarding VAT will be applicable.
Identités reserves the right to modify its prices at any time, but the products will be invoiced on the basis of the prices in force at the time of the registration of the orders (subject to availability).
The products remain the property of the supplier until full payment of the price.
Identités reserves the right to refuse any order from a member with whom a dispute exists.
Article 5: Availability
Identités will do its best to process all orders.
In case of unavailability of product after placing the order and before the end of the shipments of the concerned sale, the member will be informed by email or by phone of the delivery of a partial order or of the cancellation of his order.
If the debit has already occurred at the time of the information given on the unavailability of the product, a request for reimbursement of the sums incurred is made: an email is then sent to the member on this subject. Following this request, the speed with which the bank account is credited depends on the type of the customer's bank card: in the case of a card with immediate debit, the current account is credited within 3 to 8 days depending on the bank; in the case of a card with deferred debit, the credit appears under the same conditions as those of the usual debits on the card account and not on the current account. If this refund takes longer, the customer is strongly advised to contact their bank.
Delivery times vary from 2 to 60 days from the time the product is ordered.
Article 6 : Paiements
The payment of purchases is made by credit card. The accepted credit cards are : CB, Visa, Eurocard and Master Card. The customer's bank account will be debited after a period of 4 days following the date of the order and the order will be considered effective after confirmation of the agreement of the bank payment centres. The payment by bank card is protected, you will be asked for a security code given by your bank.
Article 7: Security
The www.identites-vpc.com website is subject to one of the most effective security systems available today. It has not only adopted the SSL (Secure Socket Layer) encryption process but also strengthened all the scrambling and encryption processes in order to protect all the sensitive data related to the means of payment as effectively as possible.
Identités never has access to confidential information related to the payment method. This is why the member's bank details will be requested for each new order.
Indeed, only Crédit Du Nord has access to confidential information (card number, validity date) which are inaccessible to third parties.
Article 8 : Delivery
The products will be sent to the delivery address indicated by the buyer during the ordering process. The contribution to the costs of logistical preparation and shipment is inclusive of VAT. The invoice for the delivered products is included in the shipping package. Identités delivers the parcels everywhere in Metropolitan France (including Monaco). For Corsica, the extra cost of transport is 20 € TTC (bulky transport on study).
Scale of charges for metropolitan France.
For a shipment of more than 30 kg or pallet, please contact us.
Dom-Tom : delivery fees for forwarding agents 21 €.
Optional delivery of heavy equipment to the floor +150 €.
Costs for refusal of parcels 40 €.
The customer must choose the place of delivery: at home, at the office, at a third party's home, on holiday... In case of absence at the time of delivery, at the address indicated by the customer, a notice of passage is left in the letter box on which is indicated the carrier's coordinates to organize a new passage for the delivery of the parcel
The delivery period is fixed at 5 days except when more precise deadlines are visible at the time of the presentation of the delivery charges.
If the delivery time is exceeded, the customer may cancel the order under the conditions set out in Article 9 of these General Terms and Conditions of Sale.
However, if this delay is caused by a case of force majeure while the product is being prepared for shipment, identités will inform the client by email that the cancellation request cannot be processed.
Delivery times are average times corresponding to the processing and delivery times, which are themselves calculated according to the date of receipt of the goods, the date communicated by the supplier. These times also vary according to the destination and do not include public holidays and weekends.
As of the exercise of the right of withdrawal, identités will reimburse the customer within 14 working days.
In the case of partial delivery, this right will only concern the undelivered balance of the order and if products are delivered directly by the supplier, delivery may be made in several instalments.
Each delivery is deemed to have been made as soon as the product is made available to the customer by the carrier, as evidenced by the control system used by the carrier, such as the delivery tracking system offered on the DPD website www.dpd.fr for packages with tracking. It is the responsibility of the recipient to check shipments upon arrival and to make any reservations and claims that appear justified, or even to refuse the package if it is likely to have been opened or if it bears obvious traces of deterioration.
If the products delivered do not conform in kind or in quality to the specifications indicated on the delivery note, the member must, under penalty of forfeiture, make his complaints within seven days after delivery to our Customer Service Department.
In the event of a dispute concerning the delivery, the customer must contact our customer service by e-mail Customer service which will open a complaint file with the carrier concerned and will do what is necessary to send the customer a new order.
In case of delay, breakage or missing items, the member can contact our customer service by e-mail at Customer service .
When a package leaves the Identités warehouse, it can be sent by :
- DPD Exapaq (delivery within 24 to 48 hours depending on availability of products in stock)
- Carrier Kuehne Nagel (delivery within 48 to 72 hours depending on availability of products in stock)
For all deliveries awaiting information (address problem, absent recipient ...), Identités will contact you to enable you to make a delivery as soon as possible.
Article 9: Withdrawal
All products sold benefit from the "satisfied or reimbursed" clause for 14 days from the date of delivery in accordance with the provisions of the French Consumer Code, article L 121-20, unless otherwise specified during the days of sale.
However, in application of the provisions of article L.121-20-2 of the Consumer Code, certain products which are the object of a sale cannot be the object of the customer's right of withdrawal, and this in particular when Identites offers for sale to its customers "audio or video recordings or computer software".
Indeed, unless the latter have not been unsealed (removal of the protective blister), these products being delivered can neither be returned nor refunded.
Prior to any return, the member must indicate his intention by email to Customer Service, stating "I wish to exchange or return a product" or by telephone on 02 41 96 18 48.
The customer exercises his right of withdrawal in accordance with Article L 121-20 of the Consumer Code within 14 days from receipt of the goods. This right is exercised by returning the product to Identités, only the return postage costs remain at the client's charge. The reimbursement to the customer's bank will be made within 14 days from the receipt of the goods by Identites SAS, as a result of the exercise of the right of withdrawal.
The right of withdrawal can also be exercised at the time of ordering and before delivery. In this case, a refund to the customer's bank is made within 14 days of the exercise of the right of withdrawal. Following this request, the speed with which the bank account is credited depends on the type of the customer's bank card: in the case of an immediate debit card, the current account is credited within 3 to 8 days depending on the bank; in the case of a deferred debit card, the credit appears under the same conditions as the usual debits on the card account and not on the current account. If this repayment takes longer, the customer is strongly advised to contact his bank.
The right of withdrawal is also exercised if the maximum delivery time of 30 days is not respected. In this case, you have to inform Identités by mail Customer Service that the contract has not been respected, the order will be cancelled and the refund of your order will be done within 14 days following the date on which the contract has been denounced.
If the right of withdrawal is exercised between the date of departure of the products from Identites SAS warehouses and the date of delivery of the goods to the customer, the return costs will be charged to the customer.
This right of withdrawal can never be exercised if the delivered products have obviously been used for a long time (beyond a few minutes). The products must be returned properly protected and in perfect condition for resale, suitable for resale (not damaged or soiled by the customer), together with any accessories, instructions for use and documentation, to the address indicated above, together with the original sales invoice, of which the member shall retain a copy. Packages for which no element is attached to identify the sender (order number, surname, first name, address) may not be returned.
The costs and risks associated with the return of the product shall be borne by the sender.
The return of products will result in a refund equal to the purchase price of the product(s) purchased and the shipping costs. The refund does not include the return postage costs incurred by the customer.
We will reimburse in euros by cheque or credit to the credit card used at the time of the customer's order up to the maximum amount actually paid by the customer, in order to speed up the processing of refunds.
No return shipment for cash on delivery will be accepted, whatever the reason.
Model withdrawal form For the attention of ............................................... [The trader shall insert here his name, geographical address and, where available, fax number and e-mail address]:
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of services (*) below:
Ordered on (*)/received on (*): ............................................................
Name of consumer(s): ............................................................
Address of consumer(s): ............................................................
Signature of consumer(s) (only if this form is notified on paper): ......................................
Date: ........................................
(*) Delete as appropriate.
Send this letter by registered mail with acknowledgement of receipt.
Article 10: Guarantee
Identités delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
Identités will also be responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at its charge by the contract or has been carried out under its responsibility.
In the event of products that do not conform to the information given during the presentation of the products on the site, they will be replaced or reimbursed depending on the availability of similar products and the customer's wishes.
The reimbursement or the delivery of new products will take place within 14 days from the reception of the non-conforming products or products with hidden defects by the company Identités.
The return of the non-conforming product will be at the expense of the company Identités.
Identités guarantees that the products for sale on the site www.identites-vpc.com are in working order and do not have any defects or hidden faults making them dangerous or unfit for their normal use, the contractual guarantee granted is for 1 year, excluding consumable products and usage.
Any guarantee is excluded in the event of defects and deterioration resulting from external events, accidents, in particular electrical accidents, wear and tear, installation and non-compliant use.
Also excluded from the warranty are products that have been modified, repaired, integrated or added by the customer or any other person not authorised by Identités. The guarantee will not apply to visible defects and conformity defects of the product for which any claim must be made by the member within 7 days of delivery of the products, under penalty of forfeiture. The guarantee will not cover products damaged during transport or due to misuse.
The provisions of this article shall not prevent the legal guarantee for hidden defects, as defined in articles 1641 and following of the Civil Code, when the product is sold to a consumer or to a non-professional.
Article 11: Mediation
Consumer mediation is available to anyone who has a dispute with a professional who has sold them a product or provided a service. Mediation is a free and confidential method of amicable dispute resolution.
In case of recourse following a dispute with the company Identités, please contact the person in charge of mediation files: Aurélie RACAUD (a.racaud@identites.tm.fr )
Article 12: Intellectual Property
All texts, comments, works, illustrations and images, whether visual or audio, reproduced on the site www.identites-vpc.com are protected under copyright, trademark law, patent law and image law, and this for the whole world.
They are the full and complete property of Identités.
As such, and in accordance with the provisions of the Intellectual Property Code, only use for private use, subject to different or even more restrictive provisions of the Intellectual Property Code, is authorised.
It is strictly forbidden to place a hypertext link to the www.identites-vpc.com website, using the technique known as framing or deep linking.
Any other use constitutes an infringement and is punishable under the Intellectual Property Act, except with prior authorization from Identités.
Any total or partial reproduction of the www.identites-vpc.com catalogue is strictly forbidden.
Article 13: Liability - Disputes - Applicable law
Identités cannot be held responsible for damages of any kind, material or immaterial, which could result from a bad functioning or a bad use of the marketed products. The same is true for possible modifications of the products resulting from the suppliers.
The responsibility of Identités will, in any case, be limited to the amount of the order and will not be held responsible for simple errors or omissions which could have remained despite all the precautions taken in the presentation of the products.
Identités shall not be liable to any member or third party for any consequential damages, loss of business, profit or loss of revenue, however caused, even if such damages, loss or injury were foreseeable by Identités or if the possibility of such damages, loss or injury had been brought to its attention.
Without limiting the foregoing paragraphs, the liability of Identités under these Terms and Conditions shall not exceed an amount equal to the sums paid or payable in the transaction giving rise to such liability, regardless of the cause or form of action involved.
In the event of a dispute, the client will first contact Identités to obtain an amicable solution. Failing that, the courts of Angers or the place of delivery are competent.
The present General Conditions of Sale and Use in French language will be executed and interpreted in accordance with French law.
Article 14: Modification of the General Terms and Conditions of Sale
Identités reserves the right to modify the general conditions of Sale and Use. Any new version of these terms and conditions will be announced beforehand on the site on the "General Terms and Conditions of Sale" page.
Clients who do not wish the contractual relationship to be governed by the new version of the General Terms and Conditions of Sale and Use, must notify it and, from the date the new version takes effect, they must stop using the Identités services.
In the event that any of the terms of the Terms and Conditions of Sale and Use are found to be illegal or unenforceable by a court of law, the remaining provisions shall remain in effect.
Identites-vpc.com is a service of Identités 49 SARL with a capital of € 120000
R.C.S. Angers 2006 B 219, SIREN : 488 743 642 000 32
VAT NUMBER FR84 488743642
