Legals
The present general conditions of sale apply without restriction or reserve to all the online sales proposed by the BOUTIQUE INOUI company, simplified joint stock company with a capital of 427.000 euros, registered at the RCS of Paris under the n°844 836 213, whose head office is located at 21 rue de l'Odéon - 75006 Paris (hereafter, the " Seller " or " INOUI EDITIONS ") on the internet site fr.inoui-editions.com/ (hereafter, the " Site ").
The Site is an e-commerce platform, which allows Internet users (hereinafter, the "Buyers") to acquire textiles and other accessories, offered for sale on the Site (hereinafter, the "Products")
The purpose of the present terms and conditions is to define the terms and conditions governing the online sale and delivery of Products, as well as to define the rights and obligations of the parties within this framework.
They are accessible and printable at any time by a direct link at the bottom of the Site.
The applicable version of the general conditions is the one available online on the Site at the date of the Buyer's order.
The present general conditions of sale prevail on all other general or particular conditions not expressly approved by INOUI EDITIONS.
They may be supplemented, if necessary, by specific terms of use for certain services offered on the Site, which supplement these general terms and conditions and, in the event of contradiction, prevail over them.
The fact that INOUI EDITIONS does not take advantage at a given moment of any of the general conditions of sale cannot be interpreted as being worth renunciation to take advantage later of any of the aforementioned conditions.
The nullity of a contractual clause does not imply the nullity of the general sales conditions. The temporary or permanent inapplication of one or several clauses of the general conditions of sale by INOUI EDITIONS would not know how to be worth renunciation on its part to the other clauses of the general conditions of sale which continue to produce their effects.
The Site is accessible to all users of the Internet network in principle 24 hours a day, 7 days a week, except in the case of interruption, programmed or not, by INOUI EDITIONS or its service providers, for the needs of its maintenance and/or security or in case of force majeure or updating of the Site. INOUI EDITIONS will not be held responsible for any damage, whatever its nature, resulting from the unavailability of the Site.
INOUI EDITIONS does not guarantee that the Site will be free of anomalies, errors or bugs, nor that the Site will function without breakdown or interruption. In this regard, INOUI EDITIONS may freely determine at its own discretion any period of unavailability of the Site or its content. INOUI EDITIONS cannot be held responsible for problems of data transmission, connection or unavailability of the network.
The Site is operated by BOUTIQUE INOUI, a simplified joint stock company with a share capital of 427,000 euros, registered in the Paris Trade and Companies Register under number 844 836 213, whose registered office is located at 21 rue de l'Odéon - 75006 Paris, which offers the Products for sale.
INOUI EDITIONS can be contacted at the following coordinates, in particular for any complaint:
Postal address: 21 rue de l'Odéon - 75006 Paris
Phone number : 01.76.34.11.19
E-mail address: support@inoui-editions.com
1. Legal capacity
The Site is accessible:
- Any natural person with full legal capacity to commit to these terms and conditions. A natural person who does not have full legal capacity may only access the Site with the agreement of his or her legal representative.
- To any legal entity acting through a natural person who has the legal capacity to contract in the name and on behalf of the legal entity.
2. Acceptance of the general conditions
The acceptance of the present general conditions by the Buyer is materialized by a box to be ticked in the order form. This acceptance can only be full and complete. Any acceptance under reserve is considered null and void. The Buyer who does not accept to be bound by the present general conditions must not place an order on the Site.
3. Registration on the Site
Placing an order on the Site requires the Buyer to register on the Site by filling out the form provided for this purpose.
In all cases, the Buyer must provide all the information marked as mandatory. Any incomplete registration will not be validated.
Registration automatically leads to the opening of an account in the name of the Buyer (hereafter, the "Account"), giving him/her access to a personal space (hereafter, the "Personal Space") which allows him/her to manage his/her purchases in a form and according to the technical means that INOUI EDITIONS deems the most appropriate.
Buyer warrants that all information provided by Buyer in the registration form is accurate, current and truthful and is not misleading.
He/she agrees to update this information in his/her Personal Space in the event of modifications (in particular: change of postal address), so that it always corresponds to the above-mentioned criteria.
The Buyer is informed and accepts that the information entered for the purpose of creating or updating his Account is proof of his identity. The information entered by the Buyer is binding upon validation.
The Buyer can access his Personal Space at any time after having identified himself with his login and password.
The Buyer undertakes to use his Account personally and not to allow any third party to use it in his place or on his behalf, unless he bears full responsibility.
The Buyer is also responsible for maintaining the confidentiality of his login and password, any access to the Site using the latter being deemed to be made by the Buyer. The latter must immediately contact INOUI EDITIONS at the address mentioned in article 2 of the present document if he notices that his Account has been used without his knowledge. The Buyer acknowledges that INOUI EDITIONS has the right to take all appropriate measures in such a case.
Prior to any online order and in application of the provisions of article L111-1 of the French Consumer Code, the Buyer may take note, on the Site, of the characteristics of each Product he/she wishes to order.
The Products are offered for sale online within the limits of available stocks and according to their arrival, or subject to the possibility of ordering them if necessary.
The information concerning the Products, indicated on each page of sale, are those communicated to INOUI EDITIONS by the suppliers of these Products.
INOUI EDITIONS will make sure that the photographs and the descriptions of the products on the Website are as faithful as possible to the products themselves. The Products proposed to the sale are described and presented with the biggest possible accuracy. Nevertheless, a minimal variation in the color of the Product(s) does not engage the responsibility of INOUI EDITIONS and does not affect the validity of the sale.
1. Placing an order
To place an order, the Buyer must select the Product of his choice and place it in his basket.
He can access the summary of his basket at any time as long as the order is not definitively validated and can correct any errors in the elements entered.
The order is considered received by INOUI EDITIONS when it is definitively validated by the Buyer.
2. Order Confirmation
At the end of his order, the Buyer receives by email a confirmation of this one which recapitulates the elements of the order and the time envisaged for the delivery.
The Buyer must make sure that the contact information entered in his Account is correct and that it allows him to receive the confirmation email of his order. If the Buyer does not receive it, he/she must contact INOUI EDITIONS at the address mentioned in article 2.
INOUI EDITIONS recommends to the Buyer to keep the information contained in the order confirmation.
Price
The sale prices of the Products are displayed on the Site.
They are indicated in euros, all taxes included (French VAT and other applicable taxes).
INOUI EDITIONS reserves the right, at its own discretion and according to the modalities of which it will be the sole judge, to propose promotional offers or price reductions.
Prices do not include delivery charges that may be applicable to the delivery of the Products, which are invoiced in addition to the price of the Products. The amount of the applicable delivery charges will be indicated before the validation of the order by the Purchaser.
The applicable price is the one displayed on the Site at the time of the registration of the order of the Purchaser.
Terms of payment
The full price of the Products is due upon order.
Payment can be made online by credit card, through the secure online payment service indicated on the Site.
The Buyer guarantees to INOUI EDITIONS that he/she has the necessary authorizations to use the chosen payment method.
INOUI EDITIONS reserves the right to suspend or cancel any order and/or delivery in case of non-payment of any amount that would be due by the Buyer, in case of payment incident, or in case of fraud or attempt of fraud related to the use of the Site.
Billing
The invoice corresponding to each order made by the Buyer is sent to the Buyer by email, to the address indicated in his registration form.
Reservation of ownership
INOUI EDITIONS retains full ownership of the Products sold until the full payment of the price, including delivery charges.
Delivery territory
The Buyers are expressly informed that the Site does not offer delivery of Products in the countries mentioned on the Site.
Delivery methods
The delivery of Products ordered on the Site is made to the address indicated at the time of the Buyer's order as the "delivery address" (which may be different from the billing address), or to a relay point of the Buyer's choice, which may only be located in the territory concerned.
Different delivery methods may be possible, depending on the categories of Products and their weight.
The Buyer is informed before the validation of his order of the possible modes of delivery for the ordered Product as well as the times and expenses corresponding to each of these modes.
The Buyer must select the desired method of delivery and provide all the information necessary for the effective delivery of the Product according to this method.
The Buyer is solely responsible for collecting the delivered Products within the required timeframe.
The Buyer must ensure that the information provided is correct, and that it remains so until the delivery of the Product(s) ordered. The client agrees to inform INOUI EDITIONS of any change in his or her billing and/or shipping information that may occur between the time of placing the order and the time of delivery, by sending an e-mail to the customer service address. Failing this, in case of delay and/or error in delivery, the client will not hold INOUI EDITIONS responsible for the non-delivery of the Product(s), and INOUI EDITIONS's client service will contact the client to arrange for a second delivery at the Client's expense.
Shipping costs
The delivery costs will be indicated on the summary of the order.
Delivery costs vary depending on whether the Products are delivered to a relay point selected by the Buyer, or directly to the address indicated when ordering.
Delivery times
The company undertakes to deliver the product(s) within a period not exceeding 20 working days from the date of the Order.
The right of withdrawal will be exercised in accordance with the terms and conditions set out in the Consumer Code.
All Products can be retracted, except those excluded by article L. 221-28 of the Consumer Code, reproduced below:
The right of withdrawal cannot be exercised for contracts:
1° The supply of services fully performed before the end of the withdrawal period and whose performance has begun after the consumer's prior express agreement and express waiver of his right of withdrawal;
2° The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the trader and which may occur during the withdrawal period;
3° Supply of goods made to the consumer's specifications or clearly personalized;
4° Supply of goods likely to deteriorate or expire rapidly;
5° Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
6° The supply of goods which, after delivery and by their nature, are inseparably mixed with other articles;
7° Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the trader;
8° Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to meet the emergency;
9° Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
10° Supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
11° Concluded at a public auction;
(12) The provision of accommodation services, other than residential accommodation, transportation services, car rentals, catering or leisure activities that are to be provided on a specific date or at a specific time;
13. The supply of digital content not provided on a physical medium, the performance of which has begun after the consumer has given his express prior consent and expressly waived his right of withdrawal.
Apart from this type of Products, the Buyer has a period of 14 (fourteen) working days, as from the date of reception of the ordered Products, to retract without having to justify reasons nor to pay penalties, except for the return costs which remain at his expense, for the countries outside Europe, and which he will have to pay. On a commercial basis, INOUI EDITIONS can propose a longer return period - the Buyer is invited to consult the modalities on the Site.
The Buyer who wishes to exercise his right of withdrawal must send to INOUI EDITIONS at the address mentioned in article 2 of the present document, before the expiration of the above-mentioned delay, the withdrawal form annexed to the present general conditions duly completed, or a declaration clearly expressing his will to withdraw and including his order number.
The Products must imperatively be returned to INOUI EDITIONS in their original packaging, without excessive delay and at the latest within 14 (fourteen) calendar days following the communication, by the Buyer, of his will to retract. They must be accompanied by a copy of the corresponding purchase invoice.
Please note that returned items must not have been worn. Items with tags removed and in poor condition will not be accepted for return.
The Buyer is considered responsible in case of deterioration of the Products during their return to INOUI EDITIONS.
The Buyer will be reimbursed as soon as possible and at the latest within 14 (fourteen) days from the date of effective reception by INOUI EDITIONS of the retraction request of the totality of the sums paid for the order, minus the return shipping costs, which remain at the Buyer's charge. However, INOUI EDITIONS reserves the right to defer this reimbursement until the effective recovery of the Products.
In accordance with the article L.221-23 of the Code of consumption, the Buyer is informed that his responsibility is engaged towards INOUI EDITIONS only for a depreciation of the product(s), sent back following the exercise of his right of retraction, resulting from manipulations other than those necessary to establish the nature, the characteristics and the good working order of this or these goods.
Return fees are not covered by Inoui Editions for discounted items nor past collection pieces.
INOUI EDITIONS reminds however that the Buyer benefits from the legal guarantees of non-conformity as well as from the hidden defects of the thing sold, including the defects of conformity resulting from the packing of the Products ordered on the Site.
If the Buyer notices that the Product delivered to him has a defect, a lack of conformity or is damaged, he must inform INOUI EDITIONS at the address mentioned in article 2 of the present document, indicating the nature of the defect, the lack of conformity or the damage noticed and sending him any useful proof, notably in the form of photograph(s).
INOUI EDITIONS will organize with the carrier of its choice the modalities of the return, of which it will inform the Buyer by any useful means. INOUI EDITIONS will bear the costs of this return.
The Products must imperatively be returned to INOUI EDITIONS in their original packaging. They must be accompanied by the copy of the corresponding purchase invoice.
Returns of Products that do not comply with the terms and conditions described above will not be accepted.
INOUI EDITIONS will proceed to the necessary verifications and will propose to the Buyer the replacement of the Product if possible. If the replacement of the Product is impossible, INOUI EDITIONS will reimburse the Buyer the full price paid for the Product as well as the corresponding delivery charges, by any useful means, as soon as possible and at the latest within 14 (fourteen) days following the date on which INOUI EDITIONS will have informed the Buyer of the impossibility of replacing the Product.
The legal texts relating to the legal guarantees are reproduced in Appendix 1 hereof.
The Purchasers are solely responsible for the choice and use they make of the Products. It is their responsibility to verify the suitability of the Products to their specific needs and constraints prior to purchasing said Products.
They must also take the necessary measures to save by their own means the information in their Personal Space that they deem necessary, of which no copy will be provided.
Finally, it is the responsibility of the Purchasers to take all appropriate measures to protect their own data and/or software stored on their computer equipment against any attack.
1. INOUI EDITIONS undertakes to regularly check the functioning and accessibility of the Site. In this respect, INOUI EDITIONS reserves the right to interrupt momentarily the access to the Site for maintenance reasons. In the same way, INOUI EDITIONS cannot be held responsible for difficulties or temporary impossibilities of access to the Site which would have for origin circumstances which are external to it, the force majeure, or which would be due to disturbances of the telecommunication networks.
2. INOUI EDITIONS does not provide the Buyer with any guarantee as to the adaptation of the Products to his needs, expectations or constraints.
3. The responsibility of INOUI EDITIONS is excluded in case of damage, direct or indirect, affecting the goods or the persons, undergone by the Buyer or a third party, and resulting from the following cases:
4. Negligence or misconduct by Buyer or a third party;
Any use under conditions that are clearly not in conformity with the use of the Products.
5. INOUI EDITIONS will not be held responsible for the non-performance or the delay in the execution of the sales contracts due to circumstances that are external to it or to a case of force majeure, being expressly specified that are considered as cases of force majeure, in addition to those usually retained by the jurisprudence of the French courts: exceptional weather conditions, natural disasters, fires and floods, lightning, attacks, breakdown or blockage of telecommunication networks, means of transport or postal services, including strikes, damage caused by viruses for which the security measures available on the market do not allow their eradication, as well as any legal or regulatory obligation or public order imposed by the competent authorities and which would have the effect of substantially modifying the present general conditions.
6. In any case, the responsibility likely to be incurred by INOUI EDITIONS under the present is expressly limited to the only direct damages suffered by the Buyers.
The systems, software, structures, infrastructures, databases and contents of any kind (texts, images, visuals, music, logos, brands, databases, etc.) used by INOUI EDITIONS within the Site are protected by all intellectual property rights or rights of producers of databases in force. All disassembling, decompiling, decrypting, extracting, reusing, copying and more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of INOUI EDITIONS are strictly forbidden and may be subject to legal proceedings.
Personal data
INOUI EDITIONS practices a policy of personal data protection whose characteristics are explained in the document entitled "Privacy Policy" which the Buyer is expressly invited to read.
INOUI EDITIONS understands that the protection of data and privacy is an issue for all Internet users visiting the Site. INOUI EDITIONS commits itself, in accordance with the RGPD regulation, to respect your privacy and to protect your personal data, that is to say data that could identify you directly or indirectly as a person.
Within the framework of the Order, INOUI EDITIONS has to collect personal data from the Buyer. INOUI EDITIONS is committed to protect the personal data of the Buyers.
The files containing personal data required for the Order are stored on the servers of the Site's host. This service provider ensures that it complies with the requirements of the General Data Protection Regulation (RGPD). INOUI EDITIONS does not communicate and does not trade the personal data of the Buyers.
When placing an Order on the Web Site, the Buyer expressly consents to the collection and processing of his/her personal data necessary to complete the Orders.
The personal data collected by INOUI EDITIONS are intended to allow the Order to be carried out. The various personal data will not be kept longer than necessary for the purposes for which they were collected, including compliance with legal or fiscal obligations.
In accordance with the provisions of Law No. 78-17 of January 6, 1978, as amended by Law No. 2004-801 of August 6, 2004, known as "Informatique et Libertés", and the General Data Protection Regulation (RGPD), subject to proof of identity, any Buyer, regardless of nationality, has a right to access, modify and delete his or her personal data. Each Buyer is also entitled to request a limitation of the processing of his data and has, moreover, a right to data portability as well as a right to oppose the processing of his personal data.
In order to apply the present clause and, in particular, to ensure the confidentiality of the Buyers' data, INOUI EDITIONS has appointed, in accordance with the provisions of the General Data Protection Regulation (RGPD), a data protection officer, who can be contacted at the following address: 21 rue de l'Odéon - 75006 Paris.
In any case, any Buyer has the right to make any claim to the CNIL.
Newsletter
By checking the box provided for this purpose or by expressly agreeing to this, the Buyer accepts that INOUI EDITIONS can send him, at a frequency and in a form determined by it, a newsletter that can contain information related to its activity.
When the Buyer checks the box provided for this purpose in the registration process on the Site to place the Order, he/she agrees to receive commercial offers from INOUI EDITIONS for Products similar to those ordered.
Buyers will have the option to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each newsletter.
Do not call list
You have the option of registering free of charge on a BLOCTEL (www.bloctel.gouv.fr) opposition list to telephone canvassing in order to no longer be canvassed by telephone by a professional with whom you have no current contractual relationship, in accordance with Law No. 2014-344 of March 17, 2014 on consumption.
Any consumer can register for free on this list at https://conso.bloctel.fr/index.php/inscription.php.
INOUI EDITIONS reserves the right to insert on any page of the Site and in any communication to the Buyers any advertising or promotional messages in a form and under conditions that INOUI EDITIONS will be the sole judge.
INOUI EDITIONS will not be held responsible for the technical availability of websites or mobile applications operated by third parties (including its possible partners) to which the Buyer would have access through the Site.
INOUI EDITIONS is not responsible for the content, advertising, products and/or services available on such third party sites and mobile applications, which are governed by their own terms of use.
INOUI EDITIONS is not responsible for the transactions between the Buyer and any advertiser, professional or merchant (including its eventual partners) to which the Buyer would be directed through the Site and will not be party to any eventual litigation with these third parties concerning the delivery of products and/or services, the guarantees, declarations and other obligations of these third parties.
1. The following are strictly forbidden: (i) any behavior that may interrupt, suspend, slow down or prevent the proper functioning of the Site, (ii) any intrusions or attempted intrusions into the systems of INOUI EDITIONS, (iii) any misappropriation of the system resources of the Site, (iv) any actions that may impose a disproportionate burden on the infrastructure of the Site, (v) any breaches of security and authentication measures, (vi) any act that may be detrimental to the financial, commercial or moral rights and interests of INOUI EDITIONS or of the users of its Site, (vii) any practice that diverts the Site for purposes other than those for which it was designed, and finally, more generally, (viii) any breach of the present general conditions or of the laws and regulations in force
2. It is also strictly forbidden to sell, trade or grant all or part of the access to the Site, as well as the information it contains.
3. In case of breach of any of the provisions of this article or more generally, of infringement of laws and regulations, INOUI EDITIONS reserves the right to take all appropriate measures and to initiate any legal action.
The Buyer can unsubscribe from the Site at any time, by sending a request to this effect to INOUI EDITIONS by email, to the coordinates mentioned in article 2.
The unsubscription is effective within a maximum of 7 (seven) days from this request. It leads to the automatic deletion of the Buyer's Account.
INOUI EDITIONS reserves the right to modify at any time the present general conditions of sale. In this case, the applicable conditions will be those in force at the date of the order of the Buyer.
In the event of a translation of these terms and conditions into one or more languages, the language of interpretation shall be French in the event of a contradiction or dispute as to the meaning of a term or provision.
It is also reminded that any consumer has the right to have recourse, free of charge, to a consumer mediator for the amicable resolution of the dispute which opposes him to a professional. To this end, INOUI EDITIONS guarantees to the Buyer the effective recourse to a consumer mediation device.
Mediation of consumer disputes: In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, INOUI EDITIONS adheres to the CM2C Mediation Service.
In the event of a dispute, you can file a claim on our website: https://www.cm2c.net/ or by mail by writing to CM2C - 14 Rue Saint Jean, 75017 Paris.
You can use the mediation service for consumer disputes related to an order made on the Internet.
Finally, it is recalled that mediation is not mandatory but only proposed in order to resolve disputes by avoiding recourse to the courts. In case of failure of this mediation procedure or if the Buyer wishes to bring a case to court, the rules of the civil procedure code will apply.
The Buyer may also contact the dispute resolution platform set up by the European Commission at the following address: http://ec.europa.eu/consumers/odr/.
The present general conditions are governed by French law.
In the event of a dispute concerning the validity, interpretation and/or execution of these terms and conditions, the parties agree that the courts of PARIS shall have exclusive jurisdiction to rule on the matter, except in the case of mandatory procedural rules to the contrary.
APPENDIX 1 - LEGAL TEXTS RELATING TO GUARANTEES
Article L. 217-4 of the Consumer Code
The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was put at his charge by the contract or was carried out under his responsibility.
Article L. 217-5 of the Consumer Code
The good is in conformity with the contract:
If it is fit for the purpose usually expected of similar goods and, if applicable : -
if it corresponds to the description given by the seller and has the qualities that the latter has presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling;
Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the seller's attention and accepted by the latter
Article L. 217-7 Consumer Code
Defects of conformity that appear within twenty-four months from the delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is fixed at six months. The seller may rebut this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.
Article L. 217-8 Consumer Code
The buyer is entitled to demand that the goods conform to the contract. However, he may not contest conformity by invoking a defect that he knew or could not have been unaware of when he contracted. The same applies when the defect originates in materials that he himself supplied.
Article L. 217-9 Consumer Code
In case of lack of conformity, the buyer chooses between repair and replacement of the good. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, given the value of the goods or the importance of the defect. The seller is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.
Article L. 217-10 Consumer Code
If repair and replacement of the goods are impossible, the buyer may return the goods and have the price returned or keep the goods and have part of the price returned. The same option is available to him:
1° If the solution requested, proposed or agreed upon pursuant to Article L. 217-9 cannot be implemented within one month of the buyer's complaint;
2° Or if this solution cannot be found without major inconvenience to the buyer, given the nature of the goods and the use he is seeking.
The resolution of the sale may not be pronounced if the lack of conformity is minor.
Article L.217-11 of the Consumer Code
The application of the provisions of Articles L. 217-9 and L. 217-10 shall take place at no cost to the buyer. These same provisions do not prevent the awarding of damages.
Article L. 217-12 of the Consumer Code
The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.
Article L. 217-16 of the Consumer Code
When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days shall be added to the duration of the warranty that remained to run. This period shall run from the date of the buyer's request for intervention or from the time the item in question is made available for repair, if this is after the request for intervention.
Article 1641 of the Civil Code
The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lower price, if he had known about them.
Article 1643 of the Civil Code
He is liable for hidden defects, even if he did not know about them, unless, in this case, he has stipulated that he will not be obliged to any guarantee.
Article 1644 of the Civil Code
In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned, or keeping the thing and having part of the price returned.
Article 1648 paragraph 1 of the Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
APPENDIX 2 - RETURN POLICY AND WITHDRAWAL FORM
The right of withdrawal will be exercised in accordance with the terms and conditions set out in the Consumer Code.
All Products can be retracted, except those excluded by article L. 221-28 of the Consumer Code, reproduced below:
The right of withdrawal cannot be exercised for contracts:
1° The supply of services fully performed before the end of the withdrawal period and whose performance has begun after the consumer's prior express agreement and express waiver of his right of withdrawal;
2° The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the trader and which may occur during the withdrawal period;
3° Supply of goods made to the consumer's specifications or clearly personalized;
4° Supply of goods likely to deteriorate or expire rapidly;
5° Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
6° The supply of goods which, after delivery and by their nature, are inseparably mixed with other articles;
7° Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the trader;
8° Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to meet the emergency;
9° Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
10° Supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
11° Concluded at a public auction;
(12) The provision of accommodation services, other than residential accommodation, transportation services, car rentals, catering or leisure activities that are to be provided on a specific date or at a specific time;
13. The supply of digital content not provided on a tangible medium, the performance of which has begun after the consumer's express prior agreement and express waiver of his right of withdrawal.
Apart from this type of Products, the Buyer has a period of 14 (fourteen) working days, as from the date of reception of the ordered Products, to retract without having to justify reasons nor to pay penalties, except for the return costs which remain at his expense, for the countries outside Europe, and which he will have to pay. On a commercial basis, INOUI EDITIONS can propose a longer return period - the Buyer is invited to consult the modalities on the Site.
The Buyer who wishes to exercise his right of withdrawal must send to INOUI EDITIONS at the address mentioned in article 2 of the present document, before the expiration of the above-mentioned delay, the withdrawal form annexed to the present general conditions duly completed, or a declaration clearly expressing his will to withdraw and including his order number.
The Products must imperatively be returned to INOUI EDITIONS in their original packaging, without excessive delay and at the latest within 14 (fourteen) calendar days following the communication, by the Buyer, of his will to retract. They must be accompanied by a copy of the corresponding purchase invoice.
Please note that returned items must not have been worn. Items with tags removed and in poor condition will not be accepted for return.
The Buyer is considered responsible in case of deterioration of the Products during their return to INOUI EDITIONS.
The Buyer will be reimbursed as soon as possible and at the latest within 14 (fourteen) days from the date of effective reception by INOUI EDITIONS of the retraction request of the totality of the sums paid for the order, minus the return shipping costs, which remain at the Buyer's charge. However, INOUI EDITIONS reserves the right to defer this reimbursement until the effective recovery of the Products.
In accordance with the article L.221-23 of the Code of consumption, the Buyer is informed that his responsibility is engaged towards INOUI EDITIONS only for a depreciation of the product(s), sent back following the exercise of his right of retraction, resulting from manipulations other than those necessary to establish the nature, the characteristics and the good working order of this or these goods.
These general conditions came into force on [-]/10/2022.