Terms of Sales

GENERAL CONDITIONS OF SALE

ARTICLE 1 - Scope of application

These General Conditions of Sale apply, without restriction or reservation, to all sales concluded by "RUBECK" ("the Seller") with consumers and non-professional buyers ("Customers or the Customer"), wishing to acquire the products offered for sale by the Seller ("Products") on the Website "https://innovboutique.fr" ("the Website").

They specify in particular the conditions of ordering, payment, delivery and management of any returns of Products ordered by Customers.

These General Conditions of Sale may be supplemented by specific conditions, stated on the Website, before any transaction with the Customer.

These General Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.

They are accessible at any time on the Website and will prevail, where applicable, over any other version or any other contradictory document.

These General Conditions of Sale may be subject to subsequent modifications; the version applicable to the Customer's purchase is that in force on the Website on the date the order is placed.

Amendments to these General Terms and Conditions of Sale are binding on users of the Website from the time they are posted online and cannot apply to transactions concluded previously.

ARTICLE 2 - Products offered for sale

The Products offered for sale on the Website are as follows:

- Clothes
- Toys/Stuffed animals
- Well-being and relaxation objects.
- Household linen
- Hygiene accessories
- Office automation/School equipment
- Hearing protection
- Sanitary equipment
- Sound and light items
- Watchmaking
- Silicone container

The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products are presented on the Website.

The Customer is required to read this before placing any order.

The choice and purchase of a Product is the sole responsibility of the Customer.

The photographs and graphics presented on the Website are not contractual and cannot engage the responsibility of the Seller.

The Customer is required to refer to the description of each Product in order to know its properties, essential features and delivery times, as well as, in the case of continuous or periodic supply of a good, the minimum duration of the proposed contract.

The contractual information is presented in French and is subject to confirmation at the latest at the time of validation of the order by the Customer.

The Products presented on the Website are offered for sale in the following territories:

- France
- Belgium
- Swiss
- Germany

In the event of an order to a country other than mainland France, the Customer is the importer of the Product(s) concerned.

For all Products shipped outside the European Union and DOM-TOM, the price will be calculated excluding taxes automatically on the invoice.

Customs duties or other local taxes or import duties or state taxes may be payable. They will be the responsibility of and are the sole responsibility of the Customer.

ARTICLE 3 - Duration of validity of the Product offer

Product offers are subject to availability of stock, as specified when the order is placed.

ARTICLE 4 - Seller's contact details

The Seller's contact details are as follows:

RUBECK
899 526 040
229 Rue Saint-Honoré
75001 Paris 1
contact@innovboutique.fr

ARTICLE 5 - Orders

5-1. Placing the order

It is up to the Customer to select on the Website the Products that he wishes to order, according to the following terms:

After selecting the products and validating the basket, the Customer must choose the address and delivery method.

The Customer must then validate their payment method.

Any order constitutes acceptance of the prices and descriptions of the Products available for sale.

The seller acknowledges receipt of the order upon validation by sending an email.

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 his responsibility to check the accuracy of the order and to immediately report or rectify any errors.

The registration of an order on the Website is carried out when the Customer accepts these General Conditions of Sale by checking the box provided for this purpose and validates his order.

This validation implies acceptance of all of these General Conditions of Sale as well as the general conditions of use of the Website.

The sale is only final after the Seller has sent the Customer confirmation of acceptance of the order by e-mail, which must be sent without delay and after 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 terms described above, on the Website constitutes the formation of a contract concluded remotely between the Customer and the Seller.

Unless proven otherwise, 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 on the Website.

The Seller does not intend to sell the Products on the Website to professionals, but only to consumers or non-professionals, for their personal needs.

The Seller therefore reserves the right to refuse orders for the same Product in large quantities and comprising more than 5 identical items.

5-2. Modification of the order

Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be modified.

5-3. Cancellation of the order

Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be cancelled, except in the exercise of the right of withdrawal or in cases of force majeure.

ARTICLE 6 - Rates

The Products are provided at the prices in force appearing on the Website when the order is registered by the Seller.

Prices are expressed in Euros, excluding and including VAT.

The prices take into account any reductions that may be granted by the Seller on the Website.

These prices are firm and not revisable during their period of validity, as indicated on the Website, the Seller reserving the right, outside this period of validity, to modify the prices at any time.

They do not include processing, shipping, transport and delivery costs, which are charged in addition, under the conditions indicated on the Website and calculated prior to placing the order.

If the Customer requests a faster or more expensive shipping method than standard shipping, the additional delivery costs, as they appear at the time of validation of the order 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 these costs.

An invoice is drawn up by the Seller and given to the Customer in the order confirmation email.

ARTICLE 7 - Payment conditions

The price is payable in cash, in full on the day the order is placed by the Customer.

The dispatch of the order and the delivery of the Products ordered are conditional upon actual payment by the Customer.

Payment is made by secure payment method, according to the following terms:

- by bank cards: Carte Bancaire, Visa, MasterCard, American Express, other bank cards
- by Paypal
- by Call Pay
- by Bancontact
- by SOFORT Banking

Payment by credit card is irrevocable, except in the event of fraudulent use of the card. In this case, the Customer may request cancellation of the payment and the return of the corresponding amounts.
Payment data is exchanged in encrypted mode using the SSL protocol.

Payments made by the Customer will only be considered final after actual collection of the amounts due by the Seller.

Furthermore, the Seller reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the delivery of current orders placed by the Customer.

No additional costs, greater than the costs incurred by the Seller for the use of a means of payment, may be charged to the Customer.

ARTICLE 8 - Deliveries

Article 8.1 deadlines

The Products ordered by the Customer will be delivered in mainland France within 8 to 12 working days from the day after confirmation of the order with actual payment on the Website, and in the following countries: Belgium, Switzerland and Germany, within 12 to 16 working days* from the day after confirmation of the order with actual payment on the Website.

Delivery consists of the transfer to the Customer of physical possession or control of the Product.

If the Products ordered have not been delivered within 30 days after the order date, for any reason other than force majeure or the actions of the Customer, the sale may be cancelled at the written request of the Customer under the conditions set out in Articles L 216-2 L 216-3 L241-4 of the Consumer Code.

The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of termination of the contract, excluding any compensation or withholding.

In the event of non-conformity of the Product delivered, the Seller - undertakes to remedy this or to reimburse the Customer, as indicated in the article - “Liability of the Seller - Guarantee”.

Article 8.2 transport

The Seller bears the risks of transport and is required to reimburse the Customer in the event of damage caused during transport.

Deliveries are made by an independent carrier, to the address provided by the Customer when ordering and which the carrier can easily access.

The delivery address entered by the customer when ordering must be accurate. Once the customer's order has been processed, the seller will no longer be able to intervene for any changes whatsoever. The seller will not be responsible for packages shipped to an incorrect address that the customer has provided when entering the delivery information during the order validation process.

When the Customer has himself taken charge of calling on a carrier that he himself chooses, delivery is deemed to have been made upon delivery of the Products ordered by the Seller to the carrier once he has handed over the Products sold to the carrier who has accepted them without reservation.

The Customer therefore acknowledges that it is the carrier's responsibility to carry out the delivery and has no warranty recourse against the Seller in the event of failure to deliver the transported goods.

In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the costs related thereto will be subject to specific additional invoicing, on a quote previously accepted in writing by the Customer.

The Customer is required to check the condition of the delivered products. He has a period of 3 days from delivery to formulate in writing (postal mail, email, fax) any reservations or complaints for non-conformity or apparent defect of the delivered Products (for example damaged package already opened ...), with all the supporting documents relating thereto (photos in particular).

After this period and in the absence of compliance with these formalities, the Products will be deemed to be compliant and free from any apparent defect and no claim may be validly accepted by the Seller.

The Seller will reimburse or replace as soon as possible and at its own expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the Consumer Code and those provided for in these General Conditions of Sale (see guarantees, in particular).


ARTICLE 9 - Transfer of ownership - Transfer of risks

The transfer of ownership of the Seller's Products will be made upon acceptance of the order by the Seller, materializing the agreement of the parties on the thing and on the price, regardless of the date of payment and delivery.

ARTICLE 10 - Right of withdrawal

In accordance with the legal provisions in force, 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 provide reasons or pay a penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within 10 days following notification to the Seller of the Customer's decision to withdraw.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be put back on the market in new condition, accompanied by the purchase invoice.

Damaged, soiled or incomplete Products will not be accepted.

The right of withdrawal may be exercised online, using the withdrawal form available on the Website (below), in which case an acknowledgement of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or any other declaration, free from ambiguity, expressing the desire to withdraw.

In the event of exercising the right of withdrawal within the aforementioned period, only the price of the Product(s) purchased and the delivery costs will be refunded; the return costs will remain the responsibility of the Customer.

The refund will be made within 14 days (at the most) from notification to the Seller of the decision to withdraw.

ARTICLE 11 - Peace of mind purchase guarantee

By subscribing to the Peace of Mind Purchase Guarantee, the Customer benefits from the following advantages:

• Extension of the withdrawal period to 60 days (instead of 14 days).
• 100% free return shipping.

The Peace of Mind Purchase Guarantee does not apply to items that cannot be returned (more details in the return conditions).

Before returning a Product to the Company under the “Peace of Mind Guarantee”, the Customer must ensure that:

(1) he has a return authorization number (RAN);

(2) it has included, where applicable, all accessories, guarantees attached to the Product and any other material delivered with the Product;

(3) he returns the Product in its complete original packaging and in a shipping carton other than the original one.

(4) he has clearly indicated the NAR number and the return address on the return package;

(5) he carefully closed the package.

Return conditions

In any case, to be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.

To make a return, Please contact us at contact@innovboutique.fr . You will need to show us a receipt or proof of purchase.

Please do not return your purchase to the manufacturer.

Several types of products cannot be returned:

- Gift products

- Gift cards

- Certain health and personal care products

ARTICLE 12 - Seller's Liability - Warranty

RUBECK, 899 526 040, 229 Rue Saint-Honoré, 75001 Paris 1 provides legal guarantees of conformity as well as the guarantee against hidden defects.

The Products sold on the Website comply with the regulations in force in France and have performances compatible with non-professional uses.

The Products supplied by the Seller benefit automatically and without additional payment, regardless of the right of withdrawal, in accordance with the legal provisions:

- the legal guarantee of conformity, for Products which are apparently defective, damaged or damaged or do not correspond to the order,

- the legal guarantee against hidden defects arising from a material, design or manufacturing defect affecting the products delivered and making them unfit for use,

under the conditions and according to the terms referred to in the box below and defined in the appendix to these General Conditions of Sale (Guarantee of Conformity / Guarantee of Hidden Defects).

It is recalled that within the framework of the legal guarantee of conformity, the Customer benefits from a period of two years from the delivery of the goods to take action against the Seller;

The Customer may choose between repair or replacement of the Product ordered, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code.

The Customer is exempt from providing proof of the existence of the lack of conformity of the Product during the twenty-four months following delivery of the Product.

The legal guarantee of conformity applies independently of the commercial guarantee which may possibly cover the Product.

The Customer may decide to implement the warranty against hidden defects of the Product in accordance with article 1641 of the Civil Code; in this case, he may choose between the resolution of the sale or a reduction of the sale price in accordance with 1644 of the Civil Code.

In order to assert its rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of 2 years from the discovery of the hidden defects, without this period being able to exceed the five-year limitation period for contractual liability.

The Seller will refund, replace or repair any Products or parts under warranty deemed non-compliant or defective.

Shipping costs will be refunded based on the rate charged and return costs will be refunded upon presentation of supporting documents.
Refunds for Products deemed non-compliant or defective will be made as soon as possible and at the latest within 30 days following the Seller's discovery of the lack of conformity or hidden defect.

Reimbursement will be made by credit to the Customer's bank account or by bank check addressed to the Customer.

The Seller shall not be held liable in the following cases:

- non-compliance 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, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as 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 are non-compliant or affected by a defect.


ARTICLE 13 - Protection of personal data

In application of law 78-17 of January 6, 1978 amended by law n°2018-493 of June 20, 2018, it is recalled, in accordance with the confidentiality policy of the Site, that the personal data requested from the Customer are necessary for the processing of his order and the establishment of invoices, in particular.

This data may be communicated to the Seller's potential partners responsible for the execution, processing, management and payment of orders.

The processing of information communicated via the Website meets the legal requirements regarding the protection of personal data, the information system used ensuring optimal protection of this data.

The Client has, in accordance with current national and European regulations, a permanent right of access, modification, rectification, opposition, portability and limitation of processing with regard to information concerning him/her.

This right may be exercised under the conditions and according to the methods defined on the Website via its confidentiality notice.

ARTICLE 14 - Intellectual property

In accordance with RUBECK's General Terms and Conditions, the content of the Website is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

ARTICLE 15 - Unforeseen circumstances

In the event of a change in circumstances unforeseeable at the time of conclusion of the contract, in accordance with the provisions of Article 1195 of the Civil Code, the Party which has not agreed to assume a risk of excessively onerous performance may request a renegotiation of the contract with its co-contractor.

ARTICLE 16 - Force majeure

The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.

ARTICLE 17 - Applicable law - Language

These General Conditions of Sale and the transactions resulting from them are governed by French law.

They are written in French. In the event that they are translated into one or more languages, only the French text shall be authentic in the event of a dispute.

ARTICLE 18 - Disputes

All disputes to which the purchase and sale transactions concluded in application of these general conditions of sale could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their follow-ups and which could not have been resolved between the seller and the customer will be submitted to the competent courts under the conditions of common law.

The Customer is informed that he may in any event resort to conventional mediation, in particular with the Consumer Mediation Commission (C. consom. art. L 612-1) or with existing sectoral mediation bodies, the references of which appear on the Website or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

The seller is a member of the following consumer mediator:

SAS Mediation Solution 

222 sheepfold path 01800 Saint Jean de Niost 

site : https://www.sasmediationsolution-conso.fr , 

email : contact@sasmediationsolution-conso.fr 

At the European level, the European Commission provides consumers with an online dispute resolution platform, the link to which the Customer can find on the Seller's website and below:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR

The customer, noting that a violation of the general regulation on the protection of personal data has been committed, has the possibility of mandating an association or an organization mentioned in IV of article 43 ter of the Data Protection Act of 1978, in order to obtain compensation against the data controller or subcontractor before a civil or administrative court or before the National Commission for Data Protection and Liberties.

ARTICLE 19 - Pre-contractual information - Customer acceptance

The fact for a natural person (or legal entity) to order on the Website implies full adherence and acceptance of these General Conditions of Sale and obligation to pay for the Products ordered, which is expressly recognized by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Seller.


ANNEX I - PROVISIONS RELATING TO LEGAL GUARANTEES

Article L217-4 of the Consumer Code

The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed in his charge by the contract or has been carried out under his responsibility.

Article L217-5 of the Consumer Code

To comply with the contract, the property must:

- Be suitable for the use usually expected of a similar good and, where applicable: correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model
- present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling
- 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 which the latter has accepted.

Article L217-12 of the Consumer Code

The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

Article L217-16 of the Consumer Code

When the buyer requests the seller, during the course of the commercial guarantee granted to him upon the acquisition or repair of a movable good, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or from the provision for repair of the good in question, if this provision is subsequent to the request for intervention.

Article 1641 of the Civil Code

The seller is liable for the warranty against hidden defects in the item sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.

Article 1648 paragraph 1 of the Civil Code

The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.



ANNEX II - WITHDRAWAL FORM

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on Innov Boutique, except for exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.


To the attention of “Seller’s number and street”
“Seller’s zip code”
“Seller’s City”

I, the undersigned, ……………………………………..(NAME AND FIRST NAME), residing at ……………………………. (ADDRESS), hereby notify you of my withdrawal from the contract referenced below

- Order of ……………………….
- Order number: ................................................................
- Customer Name: ................................................................................
- Customer Address: .......................................................................

Signature of the Client (only if this form is notified on paper):