Terms and conditions of sale
Terms and conditions
CONTENTS
1. Purpose and scope of application
2. COMPANY INFORMATION
3. PRODUCT INFORMATION
3.1. Products sold by SÓMA
3.2. SÓMA sales intermediary
4.ORDERS
4.1. Principle
4.2. Placing an order
4.3. Order modification
4.4. Order cancellation
5. RATES
6. TERMS OF PAYMENT
6.1. Paypal
6.2. Bank transfer
7. PRODUCT DELIVERY
7.1. Deliveries
7.2. Transfer of ownership - Transfer of risk
7.2.1. Transfer of ownership
7.2.2. Transfer of risk
8. RIGHT OF WITHDRAWAL AND RETURNS
8.1. Right of withdrawal
8.2. Returns
9. SELLER'S LIABILITY - WARRANTIES
9.1. Legal warranties
9.2. Exclusion of warranties
10. DIGITAL CONTENT
11. LIABILITY OF THE COMPANY
12. EXPORT CONTROL
13. PERSONAL DATA PROTECTION
14. INTELLECTUAL PROPERTY
15. DISPUTES
16. LANGUAGE OF CONTRACT - APPLICABLE LAW
17. CUSTOMER ACCEPTANCE
18. Appendices
18.1. Appendix 1 - Legal warranty provisions
18.2. Appendix 2 - Withdrawal form
1. PURPOSE AND SCOPE OF APPLICATION
These general terms and conditions apply, without restriction or reservation, to all sales concluded by the company Sóma, the seller, with consumers and non-professional purchasers, the customers or the client, wishing to acquire the products offered for sale by the seller, the products, on the website www.ikines.is.
Customers are also informed that product offers are subject to availability.
By accepting the present general terms and conditions, customers accept the resale price margin made by the seller on the basis of its competence in selecting the products marketed, its expertise in the promotion carried out on the site, the follow-up of orders, the direct assumption of delivery risks and product guarantees, as well as after-sales service.
These terms and conditions set out the conditions for ordering, payment, delivery and management of any returns of products ordered by customers.
These general terms and conditions may be supplemented by special terms and conditions set out on the website prior to any transaction with the customer.
These terms and conditions apply to the exclusion of all other terms and conditions, in particular those applicable to sales in stores or through other distribution and marketing channels.
They are accessible at all times on the www.ikines.is website, and will prevail over any other version or contradictory document.
As these general terms and conditions may be subject to subsequent modification, the version applicable to the customer's purchase is that in force on the website at the date the order is placed.
Modifications to these terms and conditions apply to users of the www.ikines.is website from the date they are posted online, and cannot be applied to transactions concluded previously.
2. INFORMATION ABOUT SÓMA
Société par actions simplifiée (simplified joint-stock company) with share capital of 2,000.00 euros, headquartered at 67 Chemin Ferrolèbres (31170) TOURNEFEUILLE and registered with the Toulouse Trade and Companies Register under number 890 334 386, represented by its current Managing Director, Mr Frédéric VIEILLEDENT.
67 Chemin Ferro lèbres (31170) TOURNEFEUILLE RCS TOULOUSE 890 334 386 00012
Telephone: 06 18 14 24 71 (9am to 8pm)
Email: contact@ikinesis.is
FR 158 903 343 86
APE 7112 B
Contractual clauses concerning applicable law and jurisdiction
Jurisdiction in the city of Toulouse
3. PRODUCT INFORMATION
3.1. Products sold by SÓMA
The sales of products offered on the site concern :
- iKinesis Kapsule
- Kapsule holder
These products are sold as follows:
Offer n°1: ONE (1) iKinesis Kapsule, ONE (1) Kaspule Holder and ONE (1) power cable. These products are offered for sale in all national and international territories.
Offer n°2: TWO (2) iKinesis Kapsule, TWO (2) Kaspule Supports and TWO (2) power cables. These products are available for sale only in the following territories: France, the United States, Canada and the European Union.
Offer n°3: ONE (1) Kapsule holder. This product is offered for sale for all national and international territories.
In the event of an order to a country other than metropolitan France, the customer is the importer of the product(s) concerned.
For all products shipped outside the European Union and French overseas departments and territories, the price will automatically be calculated exclusive of tax on the invoice.
Customs duties or other local taxes, import duties or state taxes may be payable. They are the sole responsibility of the customer.
3.2. SÓMA sales intermediary
The www.ikines.is website may offer for sale items from third-party suppliers which are not subject to the present terms and conditions.
Customers are expressly informed that the seller markets some of its products using the marketing and logistics management technique of direct delivery without storage and via a third-party supplier. The seller therefore undertakes to provide information concerning the supplier, but cannot be held responsible in the event of failure to meet its obligations.
The supply by iKinesis of third-party products may result in offers not being in stock, and may incidentally lead to cancellation of the order.
In the event of defective products, after-sales service is provided by the supplier.
4. ORDERS
4.1. Principle Sales of products are only valid once orders have been validated.
Products are only sold via the www.ikines.is website or by quotation. Consequently, specific customer orders may be considered. In such cases, an estimate will be drawn up and accepted by the customer beforehand.
Quotations issued by the seller are valid for FIFTEEN (15) days from the date of issue.
An order based on a quotation is deemed to have been accepted only after payment of a deposit of FIFTY PERCENT (50%) of the amount of the order.
The main characteristics of the products, and in particular the specifications, illustrations, functionalities or capacity of the products, are presented on the www.ikines.is website.
The customer is obliged to take note of these before placing an order.
The choice and purchase of a product is the sole responsibility of the customer.
The customer must refer to the description of each product in order to know its properties, essential characteristics and delivery times.
Contractual information is presented in the French language and is confirmed at the latest when the order is validated by the customer.
The customer acknowledges having the capacity required to contract and acquire the products offered on the www.ikines.is website.
Product offers are subject to availability, as specified when the order is placed.
4.2. Placing an order
It is the customer's responsibility to select the products they wish to order on the www.ikines.is website, in accordance with the following procedures:
Selection of products placed in the shopping basket;
Indication of payment method;
Indication of delivery information;
Confirmation of the order;
Payment of order.
The customer has the opportunity to check the details of his order, its total price and to correct any errors before confirming his acceptance. It is the customer's responsibility to check the accuracy of the order and to report or rectify any errors immediately.
The registration of an order on the www.ikines.is website is completed when the customer accepts the present terms and conditions by ticking the appropriate box and validates the order.
This validation implies acceptance of these terms and conditions in their entirety, as well as the general terms and conditions of use of the www.ikines.is website.
The sale only becomes final once the seller has sent the customer confirmation of acceptance of the order by e-mail, which must be sent without delay, and once the seller has received payment in full.
Any order placed, validated by the customer and confirmed by the seller, under the conditions and according to the methods described above, on the www.ikines.is website constitutes the formation of a contract concluded at a distance between the customer and the seller.
In the absence of proof to the contrary, the data recorded in the seller's computer system constitutes proof of all transactions concluded with the customer.
The seller reserves the right to cancel or refuse any order from a customer with whom there is a dispute relating to the payment of a previous order.
The customer will be able to follow the progress of his order by e-mail only; there is no online customer account system.
4.3. Order modification
Any modifications to the order made by the customer will only be taken into account by the Vendor within the limits of its possibilities and on condition that they are notified by e-mail to the Vendor TWENTY-FOUR (24) hours at least before the date scheduled for dispatch of the order.
In the event that these modifications cannot be accepted by the Vendor, any sums paid by the customer at the time of placing the order will be refunded to the customer within a maximum period of SIXTY-TWO (72) hours from notification of the impossibility of accepting the modifications requested by the customer, unless the customer prefers to benefit from a credit note.
4.4. Order cancellation
Once confirmed and accepted by the Vendor, under the conditions described above, the order cannot be cancelled, except in the event of the exercise of the right of retraction or in cases of force majeure.
5. RATES
Products are supplied at the current prices shown on the www.ikines.is website, at the time the order is registered by the Vendor.
Prices are given in Euros, exclusive of tax and VAT.
Prices take into account any discounts that may be granted by the seller on the www.ikines.is website and according to the criteria that the seller will have defined and put forward in the promotion of the products.
If the customer requests a faster or more expensive shipping method than standard shipping, the additional shipping costs, as they appear at the time the order is validated by the customer, are entirely at the customer's expense.
The payment requested from the customer corresponds to the total amount of the purchase, including shipping costs.
Special operations may be carried out during certain periods at the discretion of the seller.
The prices of special offers are firm and non-revisable during their period of validity, as indicated on the www.ikines.is website, the seller reserving the right, outside this period of validity, to modify prices at any time. They do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the www.ikines.is website and calculated before the order is placed.
6. TERMS OF PAYMENT
Payment can be made online via PayPal or by credit card.
6.1. Paypal
The price is payable in full on the day the order is placed by the customer or this payment can also be made in FOUR (4) instalments free of charge by secure payment and only via PayPal.
When the order process is finalized, the customer is invited to enter his/her login and password on the PayPal interface, and then validates his/her connection by a simple click.
They check the amount for which they wish to pay and confirm payment by clicking on the button on the PayPal page. Once the payment has been validated on the PayPal page, the customer will be redirected to the www.ikines.is order confirmation page.
6.2. credit card
The customer may make purchases on the seller's website by credit card.
7. PRODUCT DELIVERY
7.1. Deliveries
Products ordered by the customer will be delivered according to the country of destination indicated on the order summary and taking into account processing and delivery times to the address indicated by the customer at the time of ordering.
Deliveries to Metropolitan France will only be made by the carrier GLS within FIVE (5) working days.
Deliveries outside mainland France will be made by any other carrier independent of the country of destination within THIRTY (30) working days.
Delivery is constituted by the transfer to the customer of physical possession or control of the product.
Except in special cases or when one or more products are unavailable, all products ordered will be delivered at once.
The seller undertakes to use its best efforts to deliver the products ordered by the customer within the time limits specified.
However, these delivery times are given as an indication only. If the products ordered have not been delivered within FIFTEEN (15) days of the indicative delivery date, for any reason other than force majeure or the fault of the customer, the sale may be cancelled at the written request of the customer under the conditions set out in articles L216-2, L216-3 and L241-4 of the French Consumer Code.
The sums paid by the customer will then be returned to him at the latest within FIFTEEN (15) days following the date of cancellation of the contract, to the exclusion of any compensation or deduction.
In the event of non-conformity of the product delivered, the seller undertakes to remedy the situation or reimburse the customer, as indicated in article 9 "Seller's liability - Guarantee".
The seller assumes the risks of transport and is obliged to reimburse the customer in the event of damage caused during transport.
The customer acknowledges that it is the carrier's responsibility to make the delivery, and has no recourse against the seller in the event of non-delivery of the goods transported.
In the event of a special request by the customer concerning the packaging or transport conditions of the products ordered, duly accepted in writing by the seller, the related costs will be subject to specific additional invoicing, on the basis of a quotation previously accepted in writing by the customer.
The customer must check the condition of the products delivered. The customer has a period of FORTY-EIGHT (48) hours from the date of delivery to express any reservations or claims for non-conformity or apparent defects of the Products delivered, by e-mail, with all supporting documents, in particular photographs.
Once this period has elapsed and if these formalities have not been complied with, the Products will be deemed to be in conformity and free from any apparent defect, and no claim will be validly accepted by the Vendor.
The Vendor will reimburse or replace, as soon as possible and at his own expense, any products delivered for which the Customer has duly proved the lack of conformity or the apparent or hidden defects, in accordance with the conditions set out in Articles L.217-4 of the French Consumer Code and those set out herein.
7.2. Transfer of ownership - Transfer of risk
7.2.1. Transfer of ownership
The transfer of ownership of the Vendor's products to the customer will only take place after full payment of the price by the latter, regardless of the date of delivery of said products.
7.2.2. Transfer of risk
Whatever the date of transfer of ownership of the products, the transfer of the risks of loss and deterioration relating to them will only take place when the customer takes physical possession of the products. Products therefore travel at the seller's risk.
8. RIGHT OF WITHDRAWAL AND RETURNS
8.1. Right of withdrawal
The customer has a period of FOURTEEN (14) days from receipt of the product to exercise his right of withdrawal from the seller, without having to justify his reasons or pay any penalty, for the purpose of exchange or reimbursement, provided that the products are returned in their original packaging and in perfect condition within FOURTEEN (14) days at the most following communication of the decision to withdraw to the seller.
Returns must be in their original condition and complete (packaging, accessories, instructions, etc.) to enable them to be remarketed as new, accompanied by the purchase invoice.
Damaged, soiled or incomplete products will not be accepted.
The right of retraction may be exercised online, using the retraction form available on the www.ikines.is website, in which case the Vendor will immediately send the Customer an acknowledgement of receipt on a durable medium, or any other unambiguous statement expressing the wish to retract.
If the right of withdrawal is exercised within the aforementioned period, only the price of the product(s) purchased and the delivery charges will be reimbursed; the cost of returning the product(s) will be borne by the customer.
Reimbursement will be made within FOURTEEN (14) days of notification to the seller of the decision to retract.
The products sold on the www.ikines.is website comply with the regulations in force in France, and their performance is compatible with non-professional use.
8.2. Returns
The customer has the right to return a product in accordance with his legal rights. Consequently, in order to return an item purchased on the www.ikines.is website, the customer must inform the company of his intention to return the product within THIRTY (30) days from the date on which he acquired physical possession of the product(s).
To exercise these rights, the customer need only clearly notify the seller of its intention to return a product. The customer may notify the seller by sending the standard form provided at the end of this document by e-mail to contact@ikinesis.is.
Once the customer has informed the seller of his intention to return the product, he need only return the product(s) with the receipt, original packaging and accessories.
The customer has an additional period of FOURTEEN (14) days after having indicated his intention to return the product(s). The direct costs of return are at the customer's expense.
The customer may be held liable if the value of the goods returned is diminished due to the handling of the goods (except where it was necessary to establish the nature, characteristics and functioning of the goods).
The seller will make a refund by any means and will refund the delivery costs for the cheapest type of delivery it offers, at the latest within FOURTEEN (14) days from the date on which the seller received the above communication.
In any event, the customer will not incur any costs as a result of such a refund.
The seller may defer reimbursement until it has received the returned goods or until the customer has provided proof of dispatch of the goods, whichever is the earlier.
9. SELLER'S LIABILITY - WARRANTIES
9.1. Legal warranties The products offered for sale comply with the regulations in force in France.
Products supplied by the seller benefit from the right of withdrawal by operation of law and without additional payment.
The seller guarantees the conformity of the goods to the contract, enabling the buyer to make a claim under the legal guarantee of conformity provided for in articles L. 217-4 et seq. of the French Consumer Code, or the guarantee of defects in the item sold within the meaning of articles 1641 et seq. of the French Civil Code.
In the event of a claim under the legal warranty of conformity, please note that :
the customer has 2 years from delivery of the product to take action;
the customer may choose between repairing or replacing the product, subject to the cost conditions stipulated in article L. 217-17 of the French Consumer Code;
the customer does not have to prove the existence of a lack of conformity during the 2 years following delivery of the product.
In addition, the customer is reminded that he/she may decide to invoke the warranty against hidden defects in the item sold, as defined in article 1641 of the French Civil Code, within two years of discovery of the defect.
In this case, the customer may choose between rescinding the sale or reducing the price in accordance with article 1644 of the French Civil Code.
9.2. Exclusion of warranties
The seller may not be held liable in the following cases:
failure to comply with the legislation of the country in which the products are delivered, which it is the customer's responsibility to check;
in the event of misuse, professional use, negligence or lack of maintenance on the part of the customer, or in the event of normal wear and tear of the product, accident or force majeure.
The seller's warranty is, in any event, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.
Products sold by the seller are subject to an after-sales service to which the customer may subscribe under the conditions set out in the appendix hereto.
10. DIGITAL CONTENT
Information relating to legal warranties, digital content functionalities, interoperability, the existence of any software installation restrictions, the existence and terms of implementation of warranties and other contractual conditions are mentioned on the descriptive documents of the digital products sold and appended to the quotation or to a special agreement.
11. LIABILITY OF THE COMPANY
Under no circumstances may Sóma be held liable for damage caused to the customer as a result of using the products in a way that does not comply with the seller's instructions and the normal use to which they should be put.
12. EXPORT CONTROL
This contract is subject to applicable export control laws.
The seller is not obliged to export any product from its store to any other country or region if prohibited by export control laws.
13. PROTECTION OF PERSONAL DATA
Pursuant to Law 78-17 of January 6, 1978, amended by Law n°2018-493 of June 20, 2018, it is recalled that the personal data requested from the customer is necessary for the processing of his/her order and the preparation of invoices, in particular.
This data may be communicated to any partners of the seller responsible for the execution, processing, management and payment of orders.
The processing of information communicated via the www.ikines.is website complies with legal requirements concerning the protection of personal data, and the information system used ensures optimum protection of this data.
In accordance with current national and European regulations, customers have the right to permanent access, modification, rectification, opposition, portability and limitation of the processing of information concerning them.
This right may be exercised under the terms and conditions defined on the www.ikines.is website.
14. INTELLECTUAL PROPERTY RIGHTS
The content of the www.ikines.is website is the property of Sóma and its partners and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
All Sóma products mentioned in article 3.1 "Products sold by Soma" are protected by the rules in force concerning intellectual property.
Any reproduction, unauthorized use or sale without the prior consent of Sóma may be prosecuted.
In addition, all technical documents, products, drawings and photographs given to purchasers remain the exclusive property of Sóma, the sole holder of the intellectual property rights on these documents, and must be returned to Sóma upon request.
Purchasers undertake not to make any use of these documents likely to infringe the supplier's industrial or intellectual property rights, and undertake not to disclose them to any third party.
15. DISPUTES
All disputes arising out of or in connection with the purchase or sale transactions entered into under the terms of this agreement, concerning the validity, interpretation, performance, termination, consequences or consequences thereof, and which cannot be resolved between the seller and the customer, shall be submitted to the competent courts under the conditions of ordinary law.
The customer is hereby informed that he/she may in any event have recourse to conventional mediation, in particular with the Commission de la Médiation de la Consommation (Consumer Mediation Commission) or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
16. LANGUAGE OF THE CONTRACT - APPLICABLE LAW
The present contract is governed by French law.
They are written in French. In the event of translation into one or more languages, the French text shall prevail in the event of litigation.
17. CUSTOMER ACCEPTANCE
The fact that a natural person (or legal entity) places an order on the www.ikines.is website implies full acceptance of the present terms and conditions, as well as an obligation to pay for the products ordered, which is expressly recognized by the customer, who waives, in particular, the right to invoke any contradictory document, which would be unenforceable against the seller.
18. Annexes
18.1. Appendix 1 - Provisions relating to legal warranties
Article L217-4 of the French Consumer Code
The seller is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when the latter has been made his responsibility by the contract or has been carried out under his responsibility.
Article L217-5 of the French Consumer Code
To conform to the contract, the goods must :
Be fit for the use normally expected of similar goods and, where applicable :
Correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
Present the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, notably in advertising or labelling;
Or present the characteristics defined by mutual agreement between the parties, or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L217-12 of the French Consumer Code
Any action resulting from a lack of conformity must be brought within two years of delivery of the goods.
Article L217-16 of the French 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 is added to the remaining warranty period. This period runs from the date of the purchaser's request for service or from the date the item in question is made available for repair, if the item is made available after the request for service.
Article 1641 of the French Civil Code
The seller is liable for any hidden defects in the item sold which render it unsuitable for its intended use, or which impair this use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.
Article 1648 paragraph 1 of the French Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.
18.2. Appendix 2 - Withdrawal form This form must be completed and returned only if the Customer wishes to withdraw from the order placed on www.ikines.is, except where exclusions or limitations to the exercise of the right of withdrawal are set out in the applicable General Terms and Conditions.
For the attention of
Sóma 67 Chemin Ferro lèbres (31170) TOURNEFEUILLE
I hereby notify my withdrawal from the order referenced below:
Order date :
Order number :
Name / First name :
Delivery address :