1 – Opposability

 

The present Terms and Conditions (T & C) constitute the base of commercial negotiation and sale online and are systematically addressed or given to each purchaser for him to have command.

Any sale made online (i.e. via Internet) means that the client has not only taken note of these terms and conditions before placing his order and to set but also accepts them without restriction or reserve.

These T&C prevail on the terms of purchase, good of order, invoice, or receipt except INVENTIVE CITI’s written acceptance. Any contrary condition opposed by the buyer, will be,, unless expressively agreed, unenforceable to INVENTIVE CITI, regardless of the time where it will be able to be brought to her attention.

The fact that the seller does not prevail himself at any time, of one of the any of these T&C cannot be interpreted as equal to waiver later one of the any of those T&C.

2 – Orders

 

To be valid, the order must specify including quantity and references of products sold (your shopping list) as well as the agreed price, the terms and conditions of payment, the place and the date of delivery or removal.

 

When opening an account by a customer, of the communication of its personal data, credit card number, confidential data relating thereto and the validation of the order, the customer undertakes to respect the present T&C and this, in accordance with article 1316-1 of the civil Code.

Confirmation of the shopping list validation constitutes an electronic signature. This signature has between the parties (the client and the INVENTIVE CITI) the same value as a handwritten signature and constitute a proof of completeness of the order, and of the repayability of the amounts due in pursuance of the said order. As soon as it has validated his order, the customer becomes Purchaser.

 

Unless to the contrary, the confirmation of the order leads for the purchaser, the acceptance of INVENTIVE CITI’s T&C, recognition to be perfectly aware of, and the waiver of its own conditions of purchase.

 

The benefit of the order is private to the purchaser and cannot be transferred without the agreement of INVENTIVE CITI.

 

In accordance with the provisions of article L.122-1 of the Code of consumption, INVENTIVE CITI will be entitled to refuse any abnormal order, ordered in bad faith or for any other legitimate reason. In addition, INVENTIVE CITI will be entitled to refuse any order from a customer with whom there is a dispute concerning the payment of a previous order.

 

3 – Modification of the order

 

Any modification or resolution of order requested by the purchaser cannot be taken into consideration only if received in writing prior to the manufacture of the products.

If INVENTIVE CITI does not accept the modification or resolution, deposits already made will not be returned.

 

 

 

 

 

 

 

 

4 – Price

 

For any product submit on the internet site www.inventive-citi.com, prices are expressed in euros, including tax, and shipping included for metropolitan France (except for the specific case of delivery in Paris and in the day) and excluding costs of delivery for other cases. Any change in the rate of tax may be spread to the price of products.

 

5 – Delivery

 

5.1 Terms : The delivery takes place in accordance with the selection specified by the client when he made the order, i.e.,either by the direct delivery of the product to the buyer through our partner Colissimo, either by simple notice of disposal, in the premises of INVENTIVE CITI.

 

5.2 Deadlines : Deliveries are operated only according to availability and in the order of receipt of orders. INVENTIVE CITI is authorized to proceed to complete or partial deliveries.

 

Delivery times are indicated as accurately as possible but are based on supply and shipping.

 

Delivery time overruns cannot give rise to damages, deduction or cancellation of orders in progress.

 

However, if 2 (two) months after the indicative of the product delivery date, the product was not delivered, for any other causes than force majeure (including war, riots, fire, strikes, accidents, inability of INVENTIVE CITI to be supplied,…), the sale may, then, be resolved at the request of either party. The purchaser may obtain refund of his deposit excluding any other indemnity or damages.

 

In any event, the delivery can only be made on time if the buyer is up-to-date of its obligations toward INVENTIVE CITI, regardless of the cause.

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6 – Returns

 

 

Products are systematically checked by INVENTIVE CITI but in the event a customer wishes to return the product purchased, it must send a letter to INVENTIVE CITI by registered letter with acknowledgement of receipt within 7 working days of delivery/receipt of the product by the client, not including public holidays (right of withdrawal referred to in article L 121 – 1 of the consumer code)

Any return of product must be subject to a formal agreement between the purchaser and INVENTIVE CITI. Any product returned without this agreement will remain held at the disposal of the purchaser and will not give place to any customer credit, or refund.

 

No returns will be accepted after a period of 7 (seven) days from the date of delivery.

 

The products must be returned in their original packaging, complete (accessories, instructions, box or plastic pouches, if any…), labeled, new, not worn, unwashed and are accompanied by a return slip (to download on our website www.inventive-citi.com ) and placed in the postal package. They must be in the same good repair  where the client has received them or took delivery of.

The client shall return the products by registered postal package and retain all supporting documents or evidence of this sending.The costs and risks of return are always borne by the purchaser.

 

Once the returned product is received by INVENTIVE CITI, the company will be able to control them and to see whether or not an apparent or non-compliance defect affects the products delivered, and inform the purchaser that he can obtained either free replacement, or refund of the products (credit to the bank account of the client corresponding to the credit card used by payment within 30 days of receipt) excluding any indemnity, compensation or damages

 

Any product returned incomplete, damaged, worn, used, impaired or soiled by the customer will not be refunded.

It is specified that INVENTIVE CITI will bear postal costs for return of goods only if the product is defective or affected by a defect. If the customer changes his mind on the product (size, color or no longer wishes to the product for any reason other than a defect), the expenses of return will remain payable by him.

 

7 – Warranty

 

7.1 Extent : The legal warranty of articles 1641 to 1649 and following of the civil Code applies to products sold as well as those arising from articles L 211-4, L 211-5 and l. 211-12 of the Code of consumption.

7.2 Exclusions and limitations : Warranty does not apply to apparent defects. The warranty is limited to the value of (a) product (s).

Are also excluded the defects and deteriorations caused by natural wear and tear or by an external accident or changes in product not provided or specified by the INVENTIVE CITI company yet.

The warranty does not apply in the event of insubstantial differences between the pictures, texts and illustrations of the articles on our internet site and order items.

 

 

8 – Billing

 

An invoice is established for each delivery and issued at the time of it.

9 – Payment

 

9.1 type of payment:Clients perform their online payment via SYSTEMPAY 3D SECURE.

9.2 The order validity: the order is valid if and only if the product (s) is / are available (s) and if the payment is made possible by the immediate debit on the customer’s card after checking the data, and after receipt of the authorization on the part of SYSTEMPAY 3D SECURE.

In accordance with the provisions of article L 132-2 of the monetary and financial code to pay commitment given by means of a payment card is irrevocable.

In the event where, for any reason whatsoever, the flow of money due by the client prove impossible, the completed sale would be immediately resolved as of right and the purchase electronically process cancelled.

Our partner SYSTEMPAY 3D SECURE is only through his secure space, to have knowledge of the banking information of the client. These information do not flow in any way on the www.inventive-citi.com site.

 

10 – Risk and Force Majeure

 

The buyer bears the risks, even in case of agreed sale franco, upon shipment of the INVENTIVE CITI company warehouses.

 

As a result such that the goods travel at the risk and peril of the purchaser to which it belongs in the event of damage, loss or missing, to make all reservations or to exercise any recourse from responsible carriers.

 

Upon the occurrence of unforeseeable circumstances or of force majeure (such as and without this list being exhaustive, war, riots, insurrection, social unrest, strikes of any kind and the INVENTIVE CITI company supply problems) that would entail for INVENTIVE CITI the non execution of all or part of its obligations, then all clients will be advised within 7 (seven) days of its occurrence.

In the event that this suspension of executionn of its obligations would continue beyond a period of 30 (thirty) days, the customer would then have the possibility to cancel the current command, and he would be then reimbursed under the conditions set out in article 7 of these T&C.

11 – Brand and intellectual property rights

 

The purchaser agrees not to make any change, addition, alteration or more generally in any way to impair the products, accessories or packings owned by INVENTIVE CITI. It is forbidden also to the purchaser to modify, degrade, remove, conceal or clear trademarks, logo, illustrations, images, photos, or other names affixed on the products or materials used in their promotion (the “marks”), or add more.

 

It is similarly of any combination or conjunction with any other mark, symbol, logotype, and more generally any distinctive sign intended to form a composite logo. It will be same for any right of copyright, drawing and model, patent which are the property of the INVENTIVE CITI company.

 

The buyer shall not of buy, store, offer for sale or sell any product or material so modified, altered or degraded as well as any infrigement goods.

 

The buyer shall not of

(a) making any claim of trademark as owner of the mark or a registration any part thereof, or of any brand that have with the brand INVENTIVE CITI a similarity that will create a confusion with it;

(b) any action that could harm the reputation, brand image or to the value of the customer associated with the brand, or make use of the latter in a manner that could impair its validity or to have to effect the acquisition of rights of the brand by a third party; or

(c) any unauthorized use or infringement of the trade mark.

 

The purchaser will not be allowed to exploit the trade mark other than the use of the materials supplied by INVENTIVE CITI, in accordance with the instructions of INVENTIVE CITI or its prior approval, given to the case by case.

 

The buyer, once he is aware of, shall immediately notify INVENTIVE CITI any infringement or imitation of the trade mark, or any attempt to challenge his right to make use of the trade mark

 

12- Packaging – logging

 

Packing bearing the trade Mark(s) of the INVENTIVE CITI company can only be used for its products and cannot under any circumstances be used for products other than its own unless a product of INVENTIVE CITI society is also in the package.

 

13–Confidentiality of data

 

The personal information provided by customers during the execution of an order are managed and maintained by the INVENTIVE CITI Company and are intended only to allow the delivery of the products or to meet the expectations of customers informing them about the products and services of the trade mark.

Customers have a right of access, rectification and opposition of their data in accordance with the law, by sending a letter to the INVENTIVE CITI company.

Thus established database has been the subject of a declaration, in accordance with the provisions required by law relative to computers, files and freedoms of 6 January 1978, amended by the Act of 6 August 2004 under number 1607503 v 0.

 

 

 

 

 

 

 

14- Jurisdiction – dispute

 

The contract of sale and the Terms & Conditions are subject to French law.

 

In the event of a dispute concerning the interpretation or the implementation of their agreements, the parties will seek an amicable agreement before any litigious action, and communicate to this effect all the necessary information.

 

In the absence of an amicable settlement of the dispute within a maximum period of 1 (one) month, the commercial court of Paris will be the unique jurisdiction in case of dispute, unless the INVENTIVE CITI company prefers to enter any other competent court.

 

This clause applies even in the case of summary procedures, any “demandes incidentes”, or plurality of defendants or call in warranty, and whatever modality and payment terms. Any jurisdiction clauses that may exist on the documents buyers will not put an obstacle to the application of this clause.