GENERAL CONDITIONS OF SALE — ICODE —

2.1 - These Terms and Conditions shall govern I.CODE’s distance selling of Products in the Catalogue to the Customer electronically on the Website.

2.2 - They shall apply to the exclusion of all other terms and conditions, particularly those applicable to in-store sales.

2.3 - All registered orders shall require the Customer’s full and unqualified acceptance of these conditions of sale.

2.4 - These terms and conditions may be amended. In such cases, the applicable conditions shall be those applicable on the Site on the date Customer places his/her order. The Customer is advised to systematically refer to them when placing each order.

3.1 - Any offer to sell a Product shall be valid provided the Product features in the Catalogue and is in stock.

3.2 - I.CODE reserves the right to cancel or decline the sale of any Product on legitimate grounds and to notify the Customer by email after the latter’s order has been duly registered. Legitimate reasons shall include inter alia non-conformity of the Product or its labelling with the regulations or standards specific to the country of delivery, unavailability of the Product, unusual demand of the Customer, bad faith by the Customer, dispute with the Customer on payment for a previous order, fraudulent payment or attempted fraudulent payment.

4.1 - In order to facilitate the Order process, the Customer may create a Customer Account. By creating a Customer Account, the Customer shall saves his/her personal details and shall not need to re-enter same when placing Orders subsequently.

4.2 - A Customer Account can be created either during the Order process when the shopping cart is being confirmed, or beforehand by clicking on “My account” which appears on all pages of the site.

4.3 - The Customer must identify himself/herself using his/her valid e-mail address and choose a password. The Customer must then confirm his/her password. This information shall be confidential. The Customer shall be solely responsible for the consequences of using his/her account until it is deactivated.

4.4 - To continue his/her registration, the Customer must enter his/her last name, first name, year of birth, postal address of usual residence, telephone number and e-mail address. The address of a hotel or any other place of residence, a post office box and/or a general delivery address shall not be considered as an address of usual residence.

4.5 - The Customer must provide truthful and accurate information, and must update such information accordingly in case of any changes thereto. Any change must be made online and shall take effect on the very next business day thereafter.

4.6 - I.CODE may, by operation of law and without notice or compensation, deactivate a Customer’s account in case of failure by the latter to comply with the conditions of sale, non-settlement by the latter of outstanding payments or conduct by the Customer that is inconsistent with the I.CODE’s interests.

4.7-Any Customer who wishes to deactivate his/her account must notify I.CODE by clicking on “Contact”.

5.1 - The Customer can place an order online from the Catalogue.

5.2 - By clicking on "Add to cart", the Customer can place the Products of his/her choice in a cart. For each Product thus selected, the Customer shall be requested to choose, depending on the Product, the colour, size or dimensions, and the quantity ordered. At any time, he/she may view the contents of the cart and delete one or more initially selected Products.

5.3 - By clicking on "Checkout", the Customer shall confirm the cart and be requested to provide the personal data required to process the Order, or to log in to his/her Customer Account or create a Customer Account on the I.CODE website. The Customer shall be informed that confirming the Order shall entail an obligation to pay. Thereafter, the Customer shall be requested to choose the delivery method. The country of delivery must belong to the Service Area. Delivery costs shall be borne by the Customer.

5.4 - The Customer shall confirm the accuracy of his/her data, particularly the delivery and billing details, whereupon he/she shall be requested to make payment.

5.5 - By clicking on "Payment", the Customer shall acknowledge having read and accepted the conditions of sale and the right of withdrawal unreservedly and proceed to confirm the payment. The Customer may cancel the order prior to confirmation of payment. During the payment confirmation phase, the Customer shall be requested to choose between the various payment methods offered by I.CODE.

5.6 - Upon confirmation of payment, the order shall be registered. Any order confirmed by the Customer shall amount to acceptance of the price and description of the Product in the Catalogue. The Customer shall receive an email immediately informing them that their order has been received.

5.7 - Contractual information shall be provided in French, English, Spanish, Dutch and German. In case of a dispute, only the French language shall be binding. Barring evidence to the contrary, the data recorded by I-CODE shall serve as evidence of all transactions executed between I.CODE and the Customer.

The history of transactions between I.CODE and the Customer can be viewed at any time on the Site by a Customer with a Customer Account, under the section "My Account".

To view the status of an order placed in Guest Customer mode, the latter shall be requested to click on this link.

6.1 - The price of each Product is stated in euros (or in pounds sterling for the United Kingdom or in Swiss francs for Switzerland) including all taxes (value-added tax and other possible taxes applicable at the date of the order), excluding delivery charges. Delivery charges are detailed on the "Delivery" page of the Site.

6.2 - The Seller reserves the right to change the price of each Product at any time. In such cases, the applicable pricing conditions shall be those applicable on the Site on the date Customer places his/her order.

7.1 - Any Product purchased on the Site can only be delivered in the Service Area. The Customer shall choose the delivery method. Should the Customer opt for home delivery, the Product shall be delivered to the postal delivery address provided by the Customer when placing the order.

7.2 - The delivery time for a Product, as stated on the Site when the order is accepted, shall be a usual average time that reflects the time required to prepare the order, plus the time required for the carrier to route the order depending on the mode of transport chosen by the Customer. It shall exclude any customs clearance time. This timeframe implies that the order was placed from Monday to Friday before 10:00 a.m. Paris time, excluding public holidays or non-working days.

7.3 - Where the order includes several Products with varying preparation times, the delivery time for the Order shall be predicated on the longest preparation time. In this case, I.CODE reserves the right to split the delivery. However, the Customer’s contribution to the delivery charges shall be invoiced for one delivery only.

7.4 - Notwithstanding the provisions of Articles 7.2 and 7.3, any Product shall only be delivered within thirty days of the next day after the day the order is registered by I.CODE.

7.5 - I.CODE shall not be held liable for delays in delivery that are ascribable either to the Customer or to an unforeseeable and insurmountable fault of a third party to the contract, or to a force majeure.

7.6 - Any Customer with a Customer Account shall be often requested to view their “Order Tracking” on the Site and to contact the Customer Service, if necessary, by clicking on “Contact”. For orders placed in Guest Customer mode, the Customer shall be notified by e-mail and can track his/her order by clicking on this link.

8.1 - The Customer shall take all necessary measures to receive the Product in the best possible conditions.

8.2 - The Customer shall have a period of three clear days from receipt of the Product to notify Customer Services of any reservations (damaged package, open package, missing Product, damaged or soiled Product, etc.).

8.3 - The Customer shall have a period of fourteen clear days from receipt of the Product to exercise his/her right of withdrawal (excluding personalised Products pursuant to the provisions of Article L.221-28 of the Consumer Code). In case of cancellation, the return charges shall be borne by the Customer and only the price of the cancelled Product as well as the delivery charges incurred to receive the order shall be refundable. For deliveries outside the European Union, in case of partial cancellation of the Products, the fixed delivery charges shall not be refunded.

8.4 - The Customer may exercise his right of withdrawal, from the moment he/she receives the Product, by going to the “Return” section in the “My Account” space. The Customer must then select the Product he/she wishes to return by clicking on “report a return” and proceed to fill in the mandatory fields. After confirmation by the Customer Service, the Customer shall immediately receive an e-mail informing him/her that his/her cancellation has been registered, specifying the reference of the returned Product, the price of the Product, the selected method of reimbursement or compensation as well as:

- The return address. For returns from Mainland France and other European Union countries, the Customer shall be free to choose the carrier of their choice to return the package. Returns by relay shall not be allowed.

- For other countries, the Customer shall be notified that he/she shall be contacted by the logistics provider in order to organise the return and specify the return charges which shall depend on the country of collection.

The return form shall then be posted on the Customer’s account in the “Returns” section.

Return charges shall be borne fully and solely by the Customer. I.CODE shall not be responsible for any return shipping costs, be it wholly or partially. Any return that may entail I.CODE bearing any return charges for one or more Products may be declined by I.CODE.

The Customer shall be requested to register the return of his/her items by clicking on this link.

After confirmation by the Customer Service, the Customer shall receive an e-mail informing him/her that his/her cancellation has been registered, specifying the reference of the returned item, the price of the item, the selected method of reimbursement or compensation as well as the return address.

A standard cancellation form shall be included in Article 18 for information purposes, and the Customer shall be requested to follow the procedure outlined hereinabove.

8.5 - Any Product for which the right of withdrawal has been exercised shall be returned to the Returns Department or handed over to the logistics provider no later than fourteen clear days following the notification by the Customer of his/her decision to withdraw the item in its original condition (i.e. in conformity and in good condition), completely (i.e. with its packaging and, where applicable, its accessories) and accompanied by a copy of the e-mail recording the withdrawal. The price of any Product returned by the Client belatedly, damaged, soiled or incomplete shall not be refunded and shall be withheld by I.CODE as a penalty.

8.6 - The refund of any Product (including delivery charges) that has been returned, pursuant to the provisions of Articles 8.3 to 8.5, shall be made no later than fourteen days following the date on which I.CODE received the Customer’s statement of withdrawal, on the understanding that I.CODE may defer the refund until the Product has been actually collected.

8.7 - At the Customer’s behest, the refund shall be made either by crediting his/her bank account or by issuing a credit note to be used against any future purchase made on the Site. The Customer shall exercise this option by filling in the mandatory fields mentioned in Article 8.4. Otherwise, I.CODE shall make the refund using the same method of payment as the one used by the Customer to pay for the order in question.

8.8 - No cash on delivery shall be accepted for any reason whatsoever.

8.9 - The credit note mentioned in Article 8.7 hereof shall be valid for twelve months from its issuance date. Any Customer may view the list of his/her credit notes by going to the “Credit notes” section in the “My Account” space. Each credit note shall be identified by a number. It shall be personal and non-transferable.

9.1 - The full price shall be paid when placing the order.

9.2- Payment for all products can be made by credit card (Visa, EuroCard/MasterCard, E-carte bleue or any other credit card accepted by the Groupement des Cartes Bancaires), Paypal, ApplePay, American Express and/or by credit note and IKKS gift card, as well as via iDeal for the Netherlands or Bancontact for Belgium or Klarna 30 days for Belgium, the Netherlands, Germany, Austria, Switzerland, Ireland, Italy, Portugal, Greece and Finland or Sofort for Germany.

You can also pay in instalments via Klarna or Paypal for orders of €100 or more.

9.3 - The card shall be debited when the order is shipped by I.CODE, no later than 6 days from the placement of the Order.

Payments made with Paypal, iDeal, Bancontact and Sofort are debited immediately.

9.4 - When placing an order, the Customer may, after clicking on “Pay by credit note or gift card”, enter the number of the credit note or gift card he/she intends to use to fully or partially pay for a Product. Where the amount of the credit note or gift card is less than the price, the balance must be paid by credit card. Where the amount of the credit note or gift card is greater than the price of the order, the balance may be used for a future purchase during the validity period of the credit note or gift card.

9.5 - Pay your order in 3 free instalments with Klarna (the payment option is available in France, Spain, the Netherlands, Finland and the United Kingdom). Klarna's general terms and conditions of service are available at the following link: https://www.klarna.com/uk/terms-and-conditions/

10.1 - The Site is equipped with a security system built on the SSL (Secure Socket Layer) encryption protocol, which encrypts information in order to protect all sensitive data on payment means as effectively as possible. I.CODE shall have access to this secure payment platform via the Adyen offer which meets PCI DSS standards.

10.2 - Information on a Customer’s order shall be processed by the Customer Service. The ultimate purpose of this processing is to determine a level of analysing a transaction and combat credit card fraud. I.CODE shall be the sole recipient of this data. Where the Customer is unwilling to provide I.CODE with the requested information, he/she shall be requested to contact Customer Services in order to pay for the order by bank transfer. Failure to provide the data shall hinder the completion and analysis of the transaction.

11.1 - All Products shall comply with current French and/or European Union legislation and standards applicable in France and the European Union.

11.2 - All photographs of the Product shall be provided for illustrative purposes only. The Customer shall be requested to refer to the description of each Product in the Catalogue for its key features and, in case of doubt or need for further information, to contact Customer Service. I.CODE shall solely be responsible for the content of the pages it publishes on the Site. In case of a material error between the features of the Product and its illustration, I.CODE shall not be held liable.

11.3 - Insofar as the Customer shall act as a consumer for purposes outside the scope of his/her commercial, craft, liberal or agricultural activity, I.CODE shall not be liable for any indirect damages, operating losses, loss of profit, loss of opportunity, damages or expenses, which may arise from purchasing the Products.

11.4 - I.CODE shall not be liable for any events beyond its control and for any damage that may be sustained by the technical environment of any user of the Site, including computers, software, network equipment (modems, telephones, etc.) and any equipment used to access or use the Site.

12.1 - For any Product sold, I.CODE shall be bound, vis-à-vis the Customer, by the legal guarantee for conformity required under Articles L.217-4 to L.217-14 of the French Consumer Code and by the legal guarantee for hidden defects mentioned in Articles 1641 to 1648 of the French Civil Code. These legal requirements shall be available on the website http://www.legifrance.gouv.fr

12.2 - In case of non-conformity and where identical replacement is impossible (size, colour or reference sold out), the Customer may either return the Product and be reimbursed for the price (delivery charges included, except in case of partial returns from a country outside the European Union), or accept the proposal made by I.CODE to provide a Product of equivalent quality and price. The return charges shall be borne by I.CODE. For returns from a European Union country, the Customer must use the prepaid label sent by I.CODE.

12.3 - In case of a hidden defect as defined by law, I.CODE agrees that, at the Customer’s behest, it shall replace (if the Product is available in stock) or refund the Product thus affected (return charges borne by I.CODE, in the form of a pre-paid label), provided such defect had been reported to the Customer Service within eight (8) days from the date the Customer should reasonably have discovered it. The return charges shall be borne by I.CODE. For returns from a European Union country, the Customer must use the prepaid label sent by I.CODE.

12.4 - For any complaint lodged pursuant to Article 12, the Customer must go to the “Return” section in the “My Account” space The Customer must then select the Product he/she wishes to return by clicking on “report a return” and proceed to fill in the mandatory fields, including the field on the kind of non-conformity or defect. After confirmation, the Customer shall immediately receive an e-mail informing him/her that his/her complaint has been registered, specifying the reference of the returned item, the price of the item, the selected method of compensation as well as:

- The return address. For returns from Mainland France and other European Union countries, the Customer shall be free to choose the carrier of their choice to return the package. Returns by relay shall not be allowed.
- Notice that he/she shall be contacted by the logistics provider in order to organise the return for other countries

Any Product return by the Customer otherwise than in line with the procedures described hereinabove, which may generate extra charges for I.CODE may be declined by the latter.

Registration of the complaint shall be considered as admission of liability by I.CODE. Any Product for which a complaint is filed by the Customer for refund or replacement must be returned to the Returns Department together with a copy of the email registering the complaint.

Guest Customers must contact the Customer Service for any complaint lodged pursuant to Article 12.

12.5 - At the Customer’s behest, the refund shall be made either by crediting his/her bank account or by issuing a credit note that shall be valid for any subsequent purchases during a period of 12 months from its issuance date. In the absence of any explicit preference, the refund shall be made by crediting the Customer’s bank account.

12.6 - No cash on delivery shall be accepted for any reason whatsoever.

12.7 - The provisions of this Article 12 may not override the right of withdrawal laid down in Article 8 hereinabove.

12.8 - In accordance with article D.211-2 of the French Consumer Code, the text of the box annexed to said Code is reproduced hereinafter (translated into English), aiming to inform the consumer in general terms of the existence of legal guarantees and the terms to implement them:

The consumer has two years from the delivery date to take recourse for non-conformity under the legal guarantee of conformity should a non-conformity be observed. During this time, the consumer is only required to establish that the non-conformity exists, and not the date that it occurred.

When the goods sale contract provides for digital content or a digital service to be supplied continually for a duration in excess of two years, the legal guarantee is applicable to this digital content or this digital service throughout the whole planned period of provision. During this time, the consumer is only required to establish that the non-conformity affecting the digital content or digital service exists, and not the date that it occurred.

The legal guarantee of conformity imposes the obligation on the professional, if necessary, to provide all the updates required for maintaining the conformity of the good.

The legal guarantee of conformity gives the consumer the right for the good to be repaired or replaced within thirty days following their request, free of charge and without any major inconvenience for them.

If the good is repaired within the scope of the legal guarantee of conformity, the consumer benefits from a six-month extension to the initial guarantee.

If the consumer requests that the good is repaired, but the vendor imposes its replacement, the legal guarantee of conformity is renewed for a period of two years from the date the good was replaced.

The consumer can obtain a reduction of the purchase price and keep the good or end the contract and obtain a full refund in exchange for return of the good, if:

• The professional refuses to repair or replace the good;
• The good is repaired or replaced after a period of thirty days;
• The repair or replacement of the good causes a major inconvenience for the consumer, particularly when the consumer definitively bears the costs of the returning the good in non-conformity or its removal, or if they bear the installation costs of the repaired or replaced good
• The non-conformity of the good persists despite the seller’s attempt to bring it into conformity remaining unsuccessful.

The consumer also has the right to a reduction of the price of the good or to terminate the contract when the non-conformity is so serious that it justifies that the reduction of the price or termination of the contract be immediate. In that case the consumer is not required to ask for the repair or replacement of the good beforehand.

The consumer does not have the right for the sale to be terminated if the non-conformity is minor.

Any period of immobilisation of the good with a view for it to be repaired suspends the remaining period of the guarantee until the repaired good is delivered.

The rights indicated above result from application of articles L. 217-1 to L. 217-32 of the French Consumer Code.

A vendor that impedes the enforcement of the legal guarantee of conformity in bad faith risks incurring a civil fine for a maximum amount of 300,000 euros, which may be issued for up to 10% of its average annual turnover (Article L. 241-5 of the French Consumer Code).

The consumer also benefits from the legal guarantee of hidden defects in application of articles 1641 to 1649 of the French Civil Code, for a period of two years from discovery of the defect. This guarantee entitles the consumer to a reduction of the price if the good is retained, or to a full refund in exchange for the return of the merchandise.

13.1 - All information and materials (including brands, logos, texts, illustrations, graphic charter, images, photographs, films, product models, etc.) reproduced or displayed on the Site shall be the exclusive property of IKKS Group companies, or the latter shall have the rights allowing for such reproduction or display on the Site.

13.2 - Any reproduction, imitation, use, including partially, of these information/materials by any third party not expressly authorised shall be strictly forbidden and may attract legal proceedings, notably on grounds of provisions of the Intellectual Property Code. Such acts may also be prosecuted on grounds of the image rights of the models whose images are reproduced on the Site.

14.1 - I.CODE may collect and process some of the Customer’s personal data (including their title, name, e-mail address, postal address, telephone and mobile numbers, date of birth, etc.). For full information on the Data Controller, the type of personal information collected, the purposes of processing such data, the retention timeframe for such data and the protection measures implemented by I.CODE, the I.CODE personal data policy are all available HERE. .

14.2 - The personal data collected by I.CODE shall be governed by the General Data Protection Regulation (EU) 2016/679 and the amended French Data Protection Act (Law No. 78-17 Informatique et Libertés) of 6 January 1978.

Accordingly, the Customer shall have the right to access, rectify, delete, limit and “port” (transfer) his/her data. The Customer may also retract his/her consent at any time or exercise his/her right to object to the processing of his/her personal data. He/she may exercise his/her rights by sending a letter to the following address:

Protection des données personnelles
I.CODE - Service Communication
94 rue Choletaise, Saint-Macaire-en-Mauges 49450 SEVREMOINE
Or an e-mail to the address: serviceclient@ikks.com.

To access, modify or cancel his/her personal data, the Customer can also click on “MY ACCOUNT” from I.CODE.FR.

For information, collection and processing of Customers’ personal data had been reported to the CNIL (French Data Protection Authority) under the number 1008675.

For any further information or complaint, the Customer may contact the French Data Protection Authority (Commission Nationale de l'Informatique et des Libertés) (cf. www.cnil.fr for further information).

15.1 - Newsletters :Depending on the choices made when creating or consulting their Customer Account, all Customers are likely to receive offers from I.CODE and/or companies belonging to the same group as IKKS. Where a Customer does not wish to receive such offers may, at any time, make a request to this effect going to “My Account” and then in “Personal data”.

15.2 - Cookies :The Site shall be designed to be highly responsive to the needs of Customers and users of the Site. It is for this purpose that I.CODE uses cookies (i.e.traces left on the Customer’s or user’s computer equipment). Cookies are used to flag your visit to the Site and to the various pages of the Site in order to:

When visiting the Site for the first time, the Customer/user shall be informed of the presence of such cookies. The reading or release of certain cookies may require his/her consent.

The Customer/user may decline to use them, particularly by configuring their equipment. He/she may also delete the cookies in their equipment settings.

In case cookies are declined, I.CODE shall not guarantee the use of all the Site functions.

Cookies shall have a limited lifespan of thirteen (13) months after they are initially released in the Customer’s/User’s terminal equipment.

15.3 - - I.CODE shall adhere to the professional code of the Fédération des entreprises de vente à distance (French federation of distance selling companies) and pledge to abide by the professional charter.

16.1 - I.CODE shall not be responsible for hyperlinks drawn from the Site to other sites, particularly with regard to the content of these sites.

16.2 - By the same token, I.CODE shall not be responsible for any hyperlinks to the Site and prohibits any person from creating such a link without its express prior consent.

17.1 - Any sale defined in Article 2 shall be governed by these terms and conditions, of which only the French version shall be authentic, as well as by French legal and regulatory provisions. Any sales contract shall thus be governed, in all respects and without restriction, by French law, and shall take effect as a contract executed in France.

17.2 - In accordance with the provisions of the French Consumer Code regarding amicable dispute resolution, IKKS subscribes to the FEVAD Consumer Mediator Service (Fédération du e-commerce et de la vente à distance - Association of Distance Selling Companies), the contact details of which are:   Médiateur de la consommation FEVAD - BP 20015 - 75362 PARIS CEDEX 8 - https://www.mediateurfevad.fr After consumers have made prior written approaches regarding IKKS, the Mediator Service may be referred to for any consumer dispute which has not been successfully resolved.

In application of European directive 2013/11/EU of 21 May 2013 relating to the consumer alternative dispute resolution regulation, please find below the link to the online European consumer dispute resolution platform: https://ec.europa.eu/consumers/odr/

17.3 - Where a time limit is expressed in these terms and conditions in days, the day of the deed, event, decision or notice that brings it into effect shall not count. Any time limit shall expire on the last day at midnight. Any time limit expiring on a Saturday, Sunday or public holiday shall be extended to the next business day.

17.4 - TOn the Site or on any other channel whatsoever issued for the sake of using the Site, any reference to a time of day, days of the week, months of the year as well as to legal holidays or non-working days, shall, unless expressly stated otherwise, be considered as a reference to the legal time in Paris, to the days, months and years of the Gregorian calendar and to the legal holidays and non-working days applicable in Mainland France.

The standard withdrawal form hereunder shall be provided for the Customer’s information before the order is confirmed. The procedure for exercising the right of withdrawal is laid down in Article 8.4 hereof and does not require the form to be printed, as the information hereunder is already completed in the Customer Account and the order history.

(Please complete and return this form only if you wish to withdraw from the contract)

For the attention of
LOGTEX
SERVICE RETOUR I.CODEESHOP
150 RUE PIERRE-GILLES DE GENNES
ZI CORMIER 5
49300 CHOLET
I hereby notify you of my withdrawal from the contract for sale of the following goods:
Ordered on (*)/received on (*):
The delivery note or the invoice received at the time of delivery must be enclosed with your return message.
Name of customer:
Address of customer:
Signature of customer:
Date:
(*) Delete as appropriate.

The IKKS group is registered with the administrative authority, namely ADEME.

The IKKS group is a member of the eco-organisations CITEO (household packaging) and REFASHION (clothing textiles, household linen and footwear – TLC), under the following Unique Identification Numbers (UID):

- For REFASHION (TLC): FR219031_11RUIZ ; FR219017_11HVUJ ; FR219051_11ZQAS;
- For CITEO (packaging): FR211891_01WQUH.