Terms and Conditions

Legal Notice INKA PARIS

PREAMBLE: IDENTITY AND CONTACT DETAILS OF THE SELLER

The company STENCINK is a simplified joint-stock company with a share capital of 10,000.00 euros, whose registered office is located at Rue Adrienne Bolland, Parc l'Orme les Sources, 42340 Veauche, registered with the Saint-Etienne Trade and Companies Register under number 952 546 794 (SIRET 95254679400019), whose intra-community VAT number is FR24952546794, publishes and operates the website https://www.inkaparis.com/en/.

 

COPYRIGHT:

This entire site is subject to French and international legislation on copyright and intellectual property. All reproduction rights are reserved, including for downloadable documents and iconographic and photographic representations. The reproduction of all or part of this site on any electronic medium whatsoever is strictly prohibited.

PERSONAL INFORMATION COLLECTED ON THE SITE:

All data collected on this site, by any means whatsoever, is for the exclusive use of SAS Stencink. However, you have a right of information and rectification regarding data concerning you in accordance with the provisions of Article 34 of Law 78-17 of January 6, 1978, "Data Protection". To exercise it, contact SAS Stencink at the address: Rue Adrienne Bolland 42340 Veauche or by email: hello@inkaparis.com

RECYCLING:

Stencink is a member of the organization CITEO under number FR342088_01VVBP for the contribution to packaging recycling.

WEB HOSTING:

The site is hosted by OVH – 2 rue Kellermann – 59100 ROUBAIX – France

To contact this host, please visit the address http://www.ovh.com/fr/support/


General Terms and Conditions of Sale

Terms of use

The online store www.inkaparis.com has been set up by the company SAS Stencink, which is the operator of this site. Any order placed for a product appearing in the online store of the website www.inkaparis.com implies prior consultation of these general terms and conditions. Consequently, the consumer acknowledges being fully informed of the fact that their agreement regarding the content of these general terms and conditions does not require a handwritten signature of this document, insofar as the customer wishes to order the products presented in the website's store online. The consumer has the option to save or edit these general terms and conditions, it being specified that both the saving and editing of this document are their sole responsibility. Prior to their order, the consumer declares that the acquisition of these products is not directly related to their professional activity, their acquisition being reserved for their personal use. As a consumer, the customer therefore has specific rights, which would be called into question if the products or services acquired via the website were in fact related to their professional activity. The online store set up by the company SAS Stencink as part of the website provides the following information:

  1. Legal notice allowing precise identification of the company SAS Stencink;

  2. Presentation of the essential characteristics of the goods offered;

  3. Indication in euros of the price of the goods, as well as, where applicable, delivery charges;

  4. Indication of the terms of payment, delivery, or performance;

  5. The existence of a right of withdrawal;

  6. The period of validity of the offer or the price;

  7. The conditions for termination of the contract when it is for an indefinite period or for a period exceeding one year.

All of this information is presented in French. The consumer declares that they have full legal capacity to enter into these general terms and conditions.

Article 1: Entirety

These general terms and conditions express the entire obligations of the parties. In this sense, the consumer is deemed to accept without reservation all the provisions provided for in these general terms and conditions. No general or specific condition appearing in the documents sent or delivered by the consumer may be incorporated into these terms, provided that these documents are incompatible with these general terms and conditions.

Article 2: Purpose

The purpose of these general terms and conditions is to define the rights and obligations of the parties in the context of the online sale of goods and services offered by the company SAS Stencink to the consumer.

Article 3: Contractual documents

This contract is formed by the following contractual documents, presented in descending order of priority: these general terms and conditions; the order form. In the event of a contradiction between the provisions contained in documents of a different rank, the provisions of the higher-ranking document shall prevail.

Article 4: Entry into force - duration

These general terms and conditions enter into force on the date of signing of the order form. These general terms and conditions are concluded for the duration necessary for the provision of the subscribed goods and services, until the expiry of the warranties owed by the company SAS Stencink.

Article 5: Electronic signature

The "double click" of the consumer regarding the order form constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.

Article 6: Order confirmation

The contractual information will be confirmed by email no later than at the time of delivery or, failing that, at the address indicated by the consumer on the order form.

Article 7: Proof of the transaction

The computerized records, kept in the computer systems of the company SAS Stencink under reasonable conditions of security, will be considered as proof of communications, orders, and payments made between the parties. The archiving of order forms and invoices is carried out on a reliable and durable medium that can be produced as evidence.

Article 8: Product information

8-a: The company SAS Stencink presents on its website the products for sale with the necessary characteristics that allow compliance with Article L 111-1 of the Consumer Code, which provides for the possibility for the potential consumer to know the essential characteristics of the products they wish to buy before placing the final order.

8-b: The offers presented by the company SAS Stencink are only valid within the limits of available stocks.

Article 9: Price

Prices are indicated in euros and are only valid on the date the order form is sent by the consumer. They do not take into account delivery charges, which are invoiced as a supplement and indicated before the order is validated. Prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store. Payment of the total price must be made at the time of the order. At no time can the sums paid be considered as earnest money or installments.

Discount coupons are applicable on orders over €20.

Article 10: Method of payment

To pay for their order, the consumer has, at their choice, all the payment methods referred to in the order form. The consumer guarantees to SAS Stencink that they have any necessary authorizations to use the payment method they have chosen when validating the order form. The company SAS Stencink reserves the right to suspend any order processing and any delivery in the event of refusal of authorization for payment by bank card from officially accredited organizations or in the event of non-payment. The company SAS Stencink reserves in particular the right to refuse to make a delivery or to honor an order from a consumer who has not paid in full or in part for a previous order or with whom a payment dispute is being processed.

Article 11: Availability of products

The order will be executed no later than within 3 days from the day following the one on which the consumer placed their order. In case of unavailability of the ordered product, in particular due to our suppliers, the consumer will be informed as soon as possible and will have the possibility to cancel their order. The consumer will then have the choice of requesting either the refund of the sums paid within 30 days at the latest of their payment, or the exchange of the product.

Article 12: Delivery

12.1 Delivery charges

Delivery charges are explicitly specified on the site inkaparis.com. The amount of the delivery charges may vary depending on the delivery address of the order.

12.2 Delivery time

The delivery time depends on the delivery method chosen by the Customer, as indicated on the site at the time of the order. Delivery times for an order include its preparation, dispatch, and routing to the delivery address indicated by the Customer.

Under normal conditions, INKA PARIS will process the order as soon as possible from Monday to Friday, excluding public holidays.

In order to facilitate the delivery of the order by the carrier, the customer undertakes to make the necessary efforts to allow the package to be delivered: name visible on the mailbox, transmission of the access code, telephone number.

12.3 Place of delivery

The products are delivered to the delivery address indicated by the Customer on their order form.

12.4 Delay in delivery

In case of a delay in delivery of more than 5 working days, the Customer must inform the INKA PARIS customer service via the contact form on this site, which will implement the necessary and appropriate actions.

12.5 Conformity of products

The Customer undertakes to verify that they have indeed received a complete and compliant order at the time it is delivered. If the product is not compliant with the order, the Customer must send a complaint to INKA PARIS via the form present on this site, with a view to obtaining the replacement of the product or possibly the cancellation of the sale.

12.6 Transfer of ownership

From the date of delivery indicated on the order form, the ownership of the product is transferred to the Customer, except in the case where full payment of the price has not been collected at the time of the order.

Article 13: Return and right of withdrawal

The Customer has 14 days to notify their decision to withdraw from the day they receive their product and request an exchange or a refund. Then they have a new period of 14 additional days from this date to return the good.

The right of withdrawal does not apply to our personalized stencils, as they are goods made according to the consumer's specifications.

The right of withdrawal can be exercised with the INKA PARIS customer service, by email (hello@inkaparis.com) or by post (INKA PARIS - rue Adrienne Bolland - Parc l'Ormes les Sources - 42340 VEAUCHE).

If applicable, the customer can use the withdrawal form below:

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

For the attention of Stencink, rue Adrienne Bolland, Parc l'Orme les Sources, 42340 Veauche –

hello@inkaparis.com

I/we (*) hereby notify/notify you (*) of my/our (*) withdrawal from the contract relating to the sale of the good (*) below:

Ordered on (*)/received on (*):

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only in case of notification of this form on paper)

Date:

(*) Delete as appropriate


Returns must be made in their original and complete state allowing their resale as new. Any product opened or damaged by the consumer will not be taken back. INKA PARIS reserves the right to judge whether the product can be resold or not, according to its quality standards.

In case of withdrawal, INKA PARIS will refund all payments received. Either by re-crediting the bank card or the consumer's Paypal account, or by bank transfer depending on the payment method of the order.

INKA PARIS will only proceed with the refund of the returned products when they have been effectively received, and their intact state has been verified.

Article 14: Disputes and complaints

In case of a dispute, the Customer must contact the INKA PARIS customer service by email (hello@inkaparis.com) or by post (INKA PARIS, rue Adrienne Bolland, Parc l'Orme les Sources 42340 Veauche) in order to attempt to resolve this dispute informally.

In case of failure of the complaint request to customer service or in the absence of a response within three months, the Customer may submit the dispute opposing them to the Seller to our E-Commerce mediator MCP médiation: which you can contact via the site https://mcpmediation.org and which will attempt, with complete independence and impartiality, to bring the parties together with a view to reaching a solution. INKA PARIS and the Customer remain free to accept or refuse recourse to dispute resolution through mediation as well as to accept or refuse the solution proposed by the mediator

INKA PARIS cannot be held responsible for damages resulting from improper use of its products.

Article 15: Product warranty

15.1 The Products offered on the Site are covered by the legal guarantees of French law.

All Products for sale on the Site benefit from the legal guarantee of conformity (L217-4 and following of the Consumer Code) and the guarantee against hidden defects (articles 1641 and following of the Civil Code). Reminder of articles L.217-4, L.217-5 and L.217-12 of the Consumer Code, and articles 1641 and 1648, first paragraph, of the Civil Code: Article L.217-4 of the Consumer Code: "The seller delivers a good in conformity with the contract and is liable for defects of conformity existing upon delivery. He is also liable for defects of conformity resulting from packaging, Article L.217-5 of the Consumer Code: "The good is in conformity with the contract:

1° If it is fit for the use usually expected of a similar good and, where applicable: – if it corresponds to the description given by the seller and possesses the qualities that the latter has presented to the buyer on the site.

2° if it presents the qualities that a buyer can legitimately expect given the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;

3° Or if it presents the characteristics defined by mutual agreement by the parties or is fit for any special use sought by the buyer, brought to the knowledge of the seller and which the latter has accepted." Article L.217-12 of the Consumer Code:

"The action resulting from the defect of conformity is barred after two years from the delivery of the good." Article 1641 of the Civil Code:

"The seller is bound by the warranty on account of the hidden defects of the thing sold which render it unfit for the use for which it was intended, or which so impair such use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them." Article 1648 of the Civil Code, first paragraph: "The action resulting from redhibitory vices must be brought by the buyer within a period of two years from the discovery of the vice."

15.2. Methods of exercising the legal guarantee of conformity and consequence

The seller is required to deliver a Product that conforms to the Contract and is liable for any lack of conformity existing at the time of delivery. They are also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when the latter was made their responsibility by the contract or performed under their supervision. When acting under the legal guarantee of conformity, the Customer: has a period of two years from the delivery of the Product to take action; -may normally choose between the repair or replacement of the Product, subject to the conditions provided for by Article L.217-9 of the Consumer Code. -is exempted from providing proof of the existence of the Product's lack of conformity during the twenty-four (24) months following the delivery of the Product. In this case, Stencink agrees, at the Customer's choice: either to replace the Product with an identical Product subject to availability, or to refund the price of the Product if replacing the Product proves impossible, or to refund a portion of the price of the Product if the Customer decides to keep the Product.

15.3 Procedures for exercising the legal guarantee against hidden defects of the Product within the meaning of Article 1641 of the Civil Code and consequences

The Customer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this event, they may choose between rescission of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code. In this case, Stencink agrees, at the Customer's choice: either to refund the full price of the returned Product, or to refund a portion of the price of the Product if the Customer decides to keep the Product.

Article 16: Rights of use

The right of use for software from the company SAS Stencink, as well as those distributed by it, is granted to the consumer on a non-exclusive, personal, and non-transferable basis, in accordance with the Intellectual Property Code. However, under Article L122-6-1 of this Code, the consumer has a right of reproduction exclusively for the creation of a backup copy, when this is necessary to preserve the use of the software. In any event, the author of the software retains a right of ownership over their work, which the consumer agrees to respect.

Article 17: Force majeure

Neither party shall have failed in its contractual obligations, insofar as their performance is delayed, hindered, or prevented by a fortuitous event or force majeure. Any irresistible facts or circumstances, external to the parties, unpredictable, inevitable, independent of the parties' will, and which cannot be prevented by the latter, despite all reasonably possible efforts, shall be considered a fortuitous event or force majeure. The party affected by such circumstances shall notify the other within ten working days following the date on which they become aware of them. Both parties will then come together, within a period of one month, unless impossible due to the force majeure, to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the aggrieved party. Expressly, considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals, are: blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning; failure of telecommunication networks or difficulties specific to external telecommunication networks of the clients.

Article 18: Partial invalidity

If one or more stipulations of these general conditions are held to be invalid or declared as such in application of a law, a regulation, or following a final decision by a competent jurisdiction, the other stipulations shall retain their full force and scope.

Article 19: Non-waiver

The fact that one of the parties does not avail themselves of a breach by the other party of any of the obligations referred to in these general conditions shall not be interpreted for the future as a waiver of the obligation in question.

Article 20: Title

In the event of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles shall be declared non-existent.

Article 21: Applicable law

These general conditions are subject to French law. This applies to both substantive and formal rules. In the event of a dispute or claim, the consumer will address the company SAS Stencink to seek an amicable solution.

Article 22: Data Protection

The information requested from the consumer is necessary for the processing of their order and may be communicated to the contractual partners of the company SAS Stencink involved in the execution of this order. The consumer may write to the company SAS Stencink, whose contact details are provided in the privacy policy found on the website, to object to such communication, or to exercise their rights of access and rectification regarding the information concerning them in the files of the company SAS Stencink, under the conditions provided by the law of January 6, 1978.