General Terms and Conditions of Sale 

 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

We recommend that you take and retain a copy of the T&Cs on the day you register with the Site and on the day you place any order.

OVERVIEW 

This website is operated by Ixteca (Micro Entreprise own by Olivier Simon). Throughout the site, the terms “we”, “us” and “our” refer to Ixteca. Ixteca offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

Entreprise, registered at the RCS of Bobigny under the number 829703610, whose registered office is located at 42 rue Pierre Brossolette, 93110 Rosny sous bois, France

SIRET number : 82970361000016

Article 1 – Order conditions

1.1 Selecting your products

You will be asked to select the products of your choice from the Site and place them in the virtual basket. All photos on the Site are provided for information purposes only and do not have any contractual value. You may view your basket at any time and add, modify or remove products.

By clicking on the button "Confirm my order and proceed to checkout", you will be asked to enter information relating to delivery and to select a payment method.

Confirmation of your order will be forwarded by e-mail immediately after you have validated the order.

1.2 Order confirmation by Ixteca

We will send you an order confirmation by e-mail once we have received the corresponding payment. Reception of this e-mail confirms our acceptance of your order. If you do not receive this order confirmation e-mail, your order has not been validated.

1.3 Order cancellation or modification

It is possible that exceptional circumstances may exist of which we are not aware at the time of confirming receipt of your order and/or of confirming the order itself which prevent us from dispatching the products to you, for example product non-availability. Similarly, we could be forced to cancel your order in the event of a technical error, notably causing an abnormally low price to be displayed.

We will inform you as soon as possible by e-mail if this happens and reimburse the cost of the unavailable or incorrectly priced products. If payment has not yet been made you will not be debited for the cost of the products.

Should you place an order in error and wish to cancel, we ask you to contact Customer Services without delay. We will process your request as soon as possible. However, we draw your attention to the fact that you may only cancel your order if the products are yet to be dispatched. Cancellation is not possible if the products have already been dispatched. You may exercise your right of withdrawal under the conditions set out in Article 5 below.

Should you wish to modify your order or have any questions regarding a product return, please contact Customer Services.

Article 2 - Price

Product prices as stated on the Site are liable to change. The prices applicable to your order are those stated on the date you place your order.

All prices stated on the Site are in euros and include value added tax at the rate applicable in France. They do not include delivery charges.

Article 3 – Delivery conditions

3.1 Place of delivery

Delivery will take place at the address you supplied when placing your order and only in the geographical regions served by us.

Delivery will be carried out by the carriers stated on the Site.

3.2 Delivery charge and deadline

The delivery charge and deadline will be notified when you place your order. All delivery charges are stated in euros and are inclusive of VAT.

It is possible that delivery of the products could be delayed or that the products are misdirected. In such a case, we ask you to contact Customer Services by e-mail or registered letter with confirmation of receipt in order to request delivery to be made within a reasonable supplementary period.

Should delivery not have been made within this supplementary period, you may decide to cancel your order by forwarding to Customer Services an e-mail or a registered letter with confirmation of receipt. Should you cancel your order in such circumstances, within a period of fourteen (14) days of us receiving the cancellation request, we will reimburse to you all monies paid when the order was placed (including the delivery charge) in respect of the products subject to the delay

Should events occur that seriously hinder or prevent delivery in the foreseeable future (such as strike, lock-out, administrative ruling, loss of products by the carrier, weather conditions, etc.), we may not be held liable for any delay, even if a firm date or deadline has been given.

3.3 Delivery non-conformity

All products leave our premises in perfect condition.

Should a product be non-conforming on delivery, you must note down the defects by hand on the delivery note or refuse to accept the goods. In particular, you must notify the carrier of even the slightest sign of impact (holes, indication of crushing, etc.) on the packaging and, if necessary, refuse the goods.

Writing the words "subject to unpacking", or similar, on the delivery note carries no weight. No products will be exchanged that are subsequently declared to have been damaged during transport if no reservation has been made on receipt of the package.

Ixteca's liability may not be invoked should you fail to comply with these provisions. In such cases, the order will not be redelivered or reimbursed on the grounds of non-conformity (subject to the provisions of Article 6).

Article 4 - Payment conditions

When placing your order we offer the services of our payment partner,
We draw your attention to the fact that your bank card will be debited immediately after we forward to you the order confirmation e-mail.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Article 5 - Right of withdrawal

If you are a business, you do not enjoy a right of withdrawal.

Withdrawal conditions

As a consumer you have a fourteen (14) day right of withdrawal without providing a motive, commencing on the day you receive the product.

Several types of goods are exempt from being returned. We do not accept sale items, earrings, underwear or swimwear (hygiene issue) and other specify non-returnable items.

To exercise your right of withdrawal, you must notify your decision by sending an unambiguous e-mail to contact@Ixteca.com.

In order to comply with the withdrawal period, you must send us notification of your decision to exercise your right of withdrawal prior to the expiry of the withdrawal period.

Product returns

The products must be returned to us at the address communicated to you by Customer Services.

You must send back or return the products for which you are exercising your right of withdrawal within fourteen (14) days of notifying us of your decision to this effect. This period shall be deemed to have been complied with if you return the product before the period expires.

The product must be returned in its original packaging, suitably protected, and must clearly not have been used in any way. Any product returned incomplete, damaged or in any other manner other than in its original packaging will not be reimbursed.

The direct product return charges are for your account.

You are responsible for dispatching the products. You are only liable for product depreciation caused by handling operations other than those required to establish the nature, characteristics and proper working order of the products.

Effects of withdrawal - Reimbursement

Should you validly exercise your right of withdrawal, we will reimburse to you the amount you paid for the products and the initial delivery costs charged by Ixteca (excluding return charges, which are for your account) within fourteen (14) days of receiving your notification of withdrawal. We may defer reimbursement until we have received the product or until you have provided proof of product dispatch, the valid date being the earliest of these two events.

Article 6 - Legal guarantee

Ixteca is liable for any product conformity defects under the terms set out in Article L. 217-4 et seq. of the French Consumer Code and for hidden defects of the product sold under the conditions set out in Article 1641 et seq. of the French Civil Code.

You will be informed on placing your order that most "Ixteca " products are produced using artisanal manufacturing processes, notably concerning textile colouring (fashion items and household linen), which may lead to discolouration that cannot be considered as a conformity defect.

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

6.1 Legal guarantee of conformity (Article L. 217-4 et seq. of the French Consumer Code):

You benefit from a legal guarantee of conformity.

Article L. 217-4 of the French Consumer Code states that:

"The seller shall deliver goods that comply with the contract and is liable for any conformity defects in existence at the time of delivery. It is also liable for any conformity defects resulting from the packaging, assembly instructions or installation where it is responsible for the latter under the contract or they have been performed under its responsibility."

Article L. 217-5 of the French Consumer Code states that:

"In order to comply with the contract, the goods must:

  1. Be fit for the purpose usually expected of a similar good and, where applicable:

- correspond to the description provided by the seller and possess the qualities presented by it to the buyer in the form of a sample or model;

- present the qualities that a buyer may legitimately expect vis-à-vis the public declarations made by the seller, producer or its representative, notably in advertising or on the label; or

  1. Present the characteristics jointly defined by the parties or be fit for the special purpose sought by the buyer where this has been brought to the attention of the seller and accepted by it."

Article L. 217-12 of the French Consumer Code states that:

"The right to take action resulting from any conformity defect shall lapse two years after the delivery of the good." 

6.2 Legal guarantee relating to hidden defects (Article 1641 et seq. of the French Civil Code):

Article 1641 of the French Civil Code provides that:

"The seller is bound by the guarantee in respect of hidden defects in the item sold which render it unfit for its intended purpose or which detracts from its use to such an extent that the customer would not have purchased it or would only have done so at a lower price had the customer been aware thereof." 

The first paragraph of Article 1648 of the French Civil Code provides that:

"Any action resulting from latent defects must be initiated by the buyer within two years of having discovered the defect." 

We ask you to contact our Customer Services for information on the process for returning products and obtaining reimbursement should you exercise any of these guarantees.

Irrespective of the circumstances, the above provisions do not deprive you of your right of withdrawal under Article 5 of the T&Cs.

Article 7 - Protection of personal data

Ixteca will process the personal data provided by you via the Site in order to process your order and to send you newsletters and information e-mails related to products similar to those ordered.

When consulting the Site, cookies are placed on your computer, smartphone or tablet. Cookies are small files sent to the browser and stored on the hard drive of the computer, smartphone or tablet. They record information about the computer's browsing behaviour on the Site (pages consulted, data and time consulted, etc.) which may be read by Ixteca during subsequent visits.

You enjoy a right of access, modification and rectification in relation with your personal data and a right to refuse your personal data being used for legitimate reasons by sending us an e-mail to: contact@Ixteca.com.

 The website is registered with the National Commission of Computing and Liberty (CNIL) as No 2077354 v 0.      

Article 8 - Liability

In no circumstances may Ixteca be held liable for any internet connection problem, loss of service, non-reception of newsletter, Site maintenance or other access restriction or non-availability.

Furthermore, Ixteca may not be held liable for any non-receipt of any order or information in the event of an error on your part, deliberate or otherwise, during the process of providing your personal details for the purposes of registration or order payment or delivery.

Ixteca is only liable for direct damage suffered by you should it breach its contractual obligations, in accordance with statutory provisions.

In accordance with Article L. 221-15 of the French Consumer Code, Ixteca may not be held liable in the event of the non-execution or improper execution of this contract that is attributable to your own behaviour, to an unforeseeable or insurmountable third-party event or to an event of force majeure.

If you are a business, should Ixteca commit a breach of its contractual obligations, it shall only be liable for the direct damage suffered by you up the limit of the amount you have paid under the order in question and solely in respect of the products concerned. You hereby expressly accept that Ixteca may not be held liable in any way for loss of income, loss of profit, loss of opportunity, loss of clientele or for any prejudice to your image suffered as a result of the products sold by Ixteca. Where applicable, you must invoke Ixteca's liability within six (6) months of the occurrence of the breach in question.

Article 9 - Intellectual property

All elements presented on the Site (including all content, text, images, trademarks) are protected under intellectual property rights. You are obliged to refrain from using, copying or downloading any Site content, whether in part or in whole, without express written approval from Ixteca. The reproduction, representation, re-utilisation, extraction, storage or conservation of the Site's quantitatively or qualitatively substantial parts, in any form whatsoever, are notably prohibited.

Article 10 - Customer Services

Ixteca's Customer Services Department may be contacted at any time before or after placing an order:

  • at the following e-mail address: contact@Ixteca.com
  • or by post at:Ixteca, 42 rue pierre brossolette, 93110 Rosny sous bois, France

Article 11 - Competent court

The T&Cs shall be performed and interpreted in accordance with French law subject to any applicable statutory provisions. Any dispute that cannot be settled amicably shall be brought before the competent court with jurisdiction over the registered office address or place of domicile of the defendant.

As a consumer you are informed that, in the event of a dispute, you may use a conventional mediation procedure or other alternative dispute resolution method.

Article 12 - Miscellaneous

You hereby accept that all correspondence and/or communication and or transmission of information taking place with Ixteca via e-mail shall have the same probative force as a paper document.

Others

- OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

- THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

- PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Questions about the Terms of Service should be sent to us at contact@ixteca.com.