TEXINFINE

TERMS AND CONDITIONS OF SALE TO CONSUMERS

 

ARTICLE 1 - PURPOSE AND SCOPE

The present general terms and conditions of sale (hereinafter referred to as the "GTC") apply to all sales made by TEXINFINE for products offered on the www.icp-texinfine.com website (hereinafter referred to as the "Product") to consumer (non-professional) customers (hereinafter referred to as the "Customer"). The fact of ordering a Product from TEXINFINE implies express and unreserved acceptance of the GCS as well as recognition by the Customer of his status as a consumer, who declares that he is placing the order for non-professional purposes. The GCS take precedence over any other general terms and conditions or other commercial documents, unless previously accepted in writing by TEXINFINE. The contract concluded with TEXINFINE is made up solely of the GCS and the special conditions mentioned in the order summary (hereinafter referred to as "the Contract"). Any contrary condition of the Customer will therefore, in the absence of express acceptance, be unenforceable against TEXINFINE, regardless of the time at which it may have been brought to its attention.

 

ARTICLE 2 - IDENTITY OF THE SELLER

The company TEXINFINE is a limited company with a capital of 900 000 €, registered in the RCS of LYON under the number 338 699 481. Its head office is located at 60 rue Duguesclin 69006 LYON. The TEXINFINE sales department can be contacted for any questions or information :

• By e-mail: contact@icp-texinfine.fr
• By telephone from Monday to Friday from 9am to 7pm on (00 33) 4 72 66 63 03 (cost of a local call).

ARTICLE 3 - RATES

3.1 - Product prices: The Products are sold at the prices in force on the website www.icp-texinfine.com (hereinafter referred to as the "Site") at the time the order is placed. In all cases, prices are expressed in euros excluding taxes. These prices do not include shipping and transport costs, which are invoiced in addition. Any tax, duty or other service to be paid in application of French regulations, of an importing country or of a transit country are at the expense of the Customer. In particular, any change in the VAT rate shall be applicable at the time of validation of the order by the Customer.

3.2 - Delivery costs: The amount of delivery costs is calculated according to the weight and size of the Products delivered as well as the place of delivery. The amount of the delivery costs is indicated to the Customer prior to any validation of his order. It is expressed in euros, all taxes included.

 

ARTICLE 4 - CREATION OF A PERSONAL SPACE 

Placing an order with TEXINFINE requires the prior creation of a personal space on the website www.icp-texinfine.com (hereinafter "Personal Space").

4.1 - Creation procedure: To create a Personal Space, the Customer must go to the Site and complete the mandatory fields on the registration form. Each Client may create only one profile for his personal account.

4.2. - Management of identifiers : The identifiers, login and password, allowing access to the Personal Space are chosen by the Customer, taking into account the availability of identifiers already created by other Customers. These identifiers are strictly personal and must be kept secret by the Customer under his responsibility. In the event of loss or theft of his identifiers or any unauthorized use of his Personal Space, it is the Customer's responsibility to contact TEXINFINE so that it can provide him with new identifiers.

4.3 - Activation of the Personal Space: By validating the creation of his Personal Space, the Customer :

• Acknowledges having been able to verify and modify, if necessary, the information contained therein;
• Guarantees that he has provided accurate, up-to-date and complete information concerning his identity and contact details.

As soon as the Customer has validated the creation of his Personal Space, TEXINFINE will send him a confirmation e-mail containing an activation link.

4.4 - Updating of the Personal Space: The Customer undertakes to regularly update all of his personal information in his Personal Space in order to preserve its accuracy.
 

ARTICLE 5 - ORDER

The Customer can place his order according to three methods :

• Either online on the www.icp-texinfine.com website by connecting to his Personal Space ;
• Either by telephone from Monday to Friday from 9am to 7pm on 04.72.66.63.03.
• Or by mail by sending us a check to LABORATOIRE TEXINFINE 60 rue duguesclin 69006 LYON.

By validating the order, the Customer expressly declares that he accepts the GTC without restriction or reservation. After validation of the order by the Customer, TEXINFINE confirms the order by e-mail. Once the order has been confirmed, the Customer can follow the processing of the order by accessing his Personal Space on the Site. In the event of unavailability of a Product, TEXINFINE will inform the Customer and the order will be cancelled. Furthermore, TEXINFINE reserves the right to refuse or cancel any order or delivery in the event of :

• Exceeding the following ceilings :
  • The amount of the order exceeding the sum of three thousand (3,000) euros;
  • And/or order exceeding one hundred (100) products of the same reference during a single sale and/or over a period of one (1) month,
• Any existing dispute with the Client,
• Total or partial non-payment of a previous order by the Customer,
• Refusal to authorise payment by bank card from banking organisations,
• Non-payment or partial payment.

The Customer will, where applicable, be reimbursed for the sums he has paid for the cancelled order within thirty days at the latest from the date of cancellation of the order.

 

ARTICLE 6 - TERMS OF PAYMENT

6.1 - Payment methods : The Customer has the choice of paying for his purchases by credit card or by cheque. 

In case of payment by credit card: Only the following credit cards are accepted: Carte Bleue, Visa, Mastercard, Eurocard, Amex. The Customer must indicate the number of his card, its expiry date, the name of the cardholder as well as the visual cryptogram directly in the area provided for this purpose. The amount of the order is debited at the time the order is confirmed by TEXINFINE. To secure credit card payments, TEXINFINE uses the "CYBERPLUS NET PAYMENT" payment module provided by Banque Populaire Loire et Lyonnais as well as the "3D Secure" technology for payment by Visa and Mastercard which requires the entry of additional data to verify that the Customer is indeed the cardholder. This system makes it possible to preserve the integrity and confidentiality of exchanges in such a way that the information transmitted is encrypted by software and is not communicated to TEXINFINE. Moreover, no third party can take cognizance of it during transport on the network. In the event of fraudulent use of the Customer's credit card, it is the Customer's responsibility to inform TEXINFINE as soon as such use is observed. In the event of fraudulent use of the Customer's credit card, it is the Customer's responsibility to inform TEXINFINE as soon as such use is observed. 

In case of payment by check : The check must be made payable to "TEXINFINE" and sent, within 8 days from the date of the order, to the following address: TEXINFINE Company - Customer Service - 60 rue Duguesclin 69006 LYON - FRANCE. The check must be sent with a printout of the order. This number is available in the Customer's Personal Space under the "Order History" tab. The order is not shipped until TEXINFINE receives confirmation that the cheque has been cashed. The order may be cancelled prior to the dispatch of the cheque by sending an e-mail to the following address : contact@icp-texinfine.fr.

6.2 - Invoicing: An invoice is established by TEXINFINE and sent to the Customer with the delivery of the order. It will also be available in the Customer's Personal Space. No discount will be granted in the event of early payment.
 

ARTICLE 7 - RESERVATION OF OWNERSHIP

The Product(s) ordered remain(s) the property of TEXINFINE until full payment of the price by TEXINFINE. In the event of a payment incident, undertakes to return to TEXINFINE the Product(s) received, as soon as the first request is made. On the other hand, on the effective date of taking possession of the Product(s), the risks (in particular loss, theft or damage) concerning the Product(s) delivered are assumed by the Customer.

 

ARTICLE 8 - DELIVERY

8.1 - Place of delivery: The Products may be delivered anywhere in the world, except Canada and the United States. When the order is shipped, a shipment confirmation e-mail is sent to the Customer. The Products ordered by the Customer will be delivered to the address and according to the terms and conditions set out on the order form when the order is placed. 

8.2 - Delivery time: The delivery deadline is mentioned to the Customer before the validation of the order.

8.3 - Delay in delivery: In the event of a delay in delivery following receipt of the e-mail informing the Customer of the dispatch of the Products, the Customer must report this delay within 8 days to TEXINFINE's customer service department, by e-mail addressed to contact@icp-texinfine.fr or by telephone at (00 33) 4 72 66 63 03 from 9am to 7pm from Monday to Friday (cost of a local call). If necessary, TEXINFINE will then contact the postal services so that an investigation can be carried out, it being specified that a postal investigation can only be triggered 48 hours after dispatch of the parcel. 

In accordance with Article L.216-2 of the Consumer Code, in the event of late delivery, the Customer may instruct TEXINFINE, by registered letter with acknowledgement of receipt or by writing on another durable medium, to effect delivery within a reasonable additional period of time. If TEXINFINE has not executed the order within this period, the Customer may terminate the Contract by registered letter with acknowledgement of receipt or by writing on another durable medium. The Contract shall be deemed to be terminated upon receipt by TEXINFINE of the letter or any other writing informing it of such termination, unless TEXINFINE has executed the order in the meantime. TEXINFINE is obliged to reimburse the Customer for all sums paid, no later than fourteen days following the date on which the Contract was terminated.

 

ARTICLE 9 - RECEIPT

Upon receipt of the Product(s) ordered, the Customer must check the conformity of the Product(s). Any anomaly concerning the delivery (missing or broken Product, damaged package, ...) must be notified within 3 working days after receipt to the carrier and to the Customer Service by e-mail: contact@icp-texinfine.fr, or by phone at 04 72 66 63 03 from 9am to 7pm from Monday to Friday (cost of a local call). These reservations must be sufficiently precise and complete to establish the existence and extent of the damage.

ARTICLE 10 - RIGHT OF WITHDRAWAL

10.1 - Exercise of the right of withdrawal (Article L. 221-18 and following of the French Consumer Code): the Customer has the right to withdraw from the Contract without giving any reason within a period of fourteen days. The withdrawal period expires fourteen days after the day :

• Either where the Customer, or a third party other than the carrier and designated by the Customer, takes physical possession of the Product(s) ;
• Either where the Customer, or a third party other than the carrier and designated by the Customer, physically takes possession of the last Product in the event that several Products have been ordered by the Customer by means of a single order and if these Products are delivered separately.

To exercise the right of withdrawal, the Customer must notify TEXINFINE - 60 rue Duguesclin 69006 LYON - e-mail: contact@icp-texinfine.fr - of his decision to withdraw from the Contract by means of an unambiguous statement (e.g. letter sent by post or e-mail). The Customer may use the model withdrawal form attached as Appendix 1 to the GCS but this is not compulsory. In order for the withdrawal period to be observed, it is sufficient for the Customer to submit his communication regarding the exercise of the right of withdrawal before the expiry of the withdrawal period.

 

10.2 - Effects of retraction: In the event of retraction of the Contract by the Customer, the latter must return or return the Product(s) to TEXINFINE without undue delay and, in any event, no later than fourteen days after the Customer has communicated his decision to retract from the Contract. This deadline is deemed to have been met if the Customer returns the Product(s) before the expiry of the fourteen-day period. The Customer shall bear the direct costs of returning the Product(s).

 

TEXINFINE will reimburse all payments received from the Customer, including delivery costs (except for additional costs arising from the fact that the Customer has chosen, where applicable, a delivery method other than the less expensive standard delivery method proposed by TEXINFINE) without undue delay and, in any event, no later than fourteen days from the day TEXINFINE is informed of the Customer's decision to withdraw from the Contract. TEXINFINE will proceed with the refund using the same means of payment as that used by the Customer for the initial transaction, unless the Customer expressly agrees to the use of a different means; in any event, this refund will not incur any costs for the Customer. The Customer shall be liable in the event of depreciation of the Product(s) resulting from handling other than that necessary to establish the nature and characteristics of the Product(s).

 

ARTICLE 11 - WARRANTY

All Products sold by TEXINFINE also benefit from the legal guarantee of conformity (articles L. 217-4 to L. 217-14 of the French Consumer Code) and the guarantee against hidden defects (articles 1641 to 1649 of the French Civil Code) under the conditions set out in the legal texts reproduced in Appendix 2 in accordance with article L. 211-2 of the French Consumer Code.

 

ARTICLE 12 - INSTRUCTIONS FOR USE OF THE PRODUCTS

The Customer acknowledges and accepts that the Products sold by TEXINFINE must be used in accordance with the instructions for use of the Products mentioned on the Site as well as on the notice accompanying the Products.

 

ARTICLE 13 - LIABILITY 

TEXINFINE shall in no way be held liable if the Customer does not use the Products in accordance with the instructions for use of the Products set out on the Site and on the notice accompanying the Products. Generally speaking, TEXINFINE shall not be held liable when the poor performance or non-performance of obligations resulting from the sale is attributable either to the Customer, or to the unforeseeable and insurmountable fact of a third party to the contract, or to a case of force majeure as defined by jurisprudence, namely in particular social conflicts, intervention of civil or military authorities, natural disasters, fire, water damage, interruption of the telecommunications or electricity networks, external intrusion or the presence of computer viruses.

 

ARTICLE 14 - PERSONAL DATA

TEXINFINE undertakes to comply with the provisions of Law No. 78-17 of January 6, 1978 known as the "Data Protection Act" and European Regulation 2016/679 on the protection of individuals with regard to the processing of personal data and the free movement of such data.

TEXINFINE is, within the meaning of EU Regulation 2016/679, responsible for processing personal data under the conditions described below.

14.1. The processing of personal data is carried out in order to ensure the management of orders (delivery, payment, after-sales service, etc.) and more generally for the proper performance of the sales contract governed by these General Conditions.

14.2. TEXINFINE collects, within the limits of what is strictly necessary for the performance of the said contract, the following personal data: NAME, FIRST NAME, POST ADDRESS, E-MAIL ADDRESS, PHONE, PASSWORD, ORDER HISTORY AND TRANSACTION REFERENCE, BANK CARD NUMBER (through the service provider, a trusted third party, responsible for payment transactions).

This information is essential for the performance of the Contract. Failing this, the Customer's order will not be processed.

This data may also be processed for the purpose of sending the Customer commercial offers from TEXINFINE or its commercial partners, provided that the Customer consents thereto.

14.3. When consulting the Site, information relating to the Customer's browsing on the Site may be recorded in "cookie" files installed on the Customer's computer or mobile terminal, subject to the choices that the Customer may have expressed concerning cookies and which the Customer may modify at any time. Cookies are small text files that are installed on the Customer's hard disk through his Internet browser, in order to enable the system to recognize the Customer's browser. No personal data is collected by TEXINFINE in the context of this activity, only statistical data is collected and analyzed for the purposes of optimizing the Website. Some cookies are installed until the Customer's browser is closed, others are kept for a longer period of time. Cookies are kept for a maximum period of 12 months. The Help section of the toolbar of most browsers indicates how to refuse new cookies or get a message to notify you when you receive them, or how to disable all cookies. Any settings made by the Customer on the use of cookies may modify his Internet browsing and his access conditions to certain Services requiring the use of cookies.

To date, TEXINFINE does not collect or process personal information known as "behavioural" information from the Customer, as defined by French Order no. 2011-1012 of 24 August 2011 relating to electronic communications. Any setting of behavioural cookies on the Site by TEXINFINE will be subject to the express prior authorization of the Customer on the Site.

14.4. The data collected will be kept for a period of 1 year from the last activity on the account or permanent closure, with the exception of credit card details which will only be kept for the duration of the payment transaction, unless the Customer has consented to the retention of this banking data.

This data may then be archived for an additional period of 4 years in order to preserve the rights of each of the Parties to these General Terms and Conditions.

14.5. Your data will only be sent to the following recipients

• TEXINFINE ;
• Its IT service provider in charge of personal data processing operations ;
• Its service providers in charge of order fulfilment, namely: order preparation operators, delivery personnel, commercial partners when the products ordered are directly dispatched by them ;
• Its commercial partners for the communication of commercial offers when the Customer has consented thereto.

 

14.6. The personal data processed is not transferred outside the European Union and is stored within the Union.

 

14.7. In accordance with the regulations on the protection of personal data (EU Regulation 2016/679 known as "RGPD"), persons have, on the personal data concerning them :

• A right of access to the data collected;
• A right to rectify inaccurate personal data;
• A right to limit the processing under the conditions laid down in Section 3 of Chapter III of the EPR;
• A right to erasure under the conditions provided for in Section 3 of Chapter III of the GDMP;
• A right to portability;
• A right to object to the processing under the conditions laid down in Section 4 of Chapter III of the EPMR;
• A right not to be subject to automatic processing under the conditions laid down in Section 4 of Chapter III of the RGPD;
• A right to lodge a complaint with the national supervisory authority, the CNIL.

Any person may exercise his or her rights by contacting TEXINFINE, if necessary, at the following address: TEXINFINE Company - 60 rue Duguesclin 69006 Lyon - France or at the following e-mail address: contact@icp-texinfine.fr.

 

ARTICLE 15 - Intellectual property

All elements of the Site, whether visual or audio, including the underlying technology, as well as the Products are protected by an intellectual property right such as copyright, trademark or patent. They are the exclusive property of TEXINFINE or its suppliers. Any reproduction, representation or reuse, in whole or in part, on any medium whatsoever is prohibited. Failure to comply with this prohibition constitutes an infringement which may result in the civil and criminal liability of the counterfeiter. Customers who have a personal website and who wish to place a simple link directly to the Site on their site for personal use must request prior written authorization from TEXINFINE, without this authorization being considered as an implicit affiliation agreement. In all cases, any link must be removed at the simple request of TEXINFINE.

 

ARTICLE 16 - PARTIAL INVALIDITY

 

If one or more stipulations of the GTC are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain their full force and scope.

 

ARTICLE 17 - APPLICABLE LAW - CHALLENGE

The GTC are subject to French law. In accordance with article L.211-3 of the French Consumer Code, the Customer is informed by TEXINFINE of the possibility of having recourse, in the event of a dispute, to a conventional mediation procedure or any other alternative dispute resolution method.

 

 

ANNEX 1

 

SAMPLE WITHDRAWAL FORM Articles L. 221-18 to L. 221-28 and R.221-1 to R.221-4 of the Consumer Code

 

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

For the attention of the company TEXINFINE - 60 rue Duguesclin 69006 Lyon - FRANCE - e-mail : contact@icp-texinfine.fr - telephone : (00 33) 4 72 66 63 03

I/we* hereby notify you* of my/our* withdrawal from the contract for the sale of the product(s)* below:

Order(s)/receipt(s)* on :

Name of customer(s) :

Address of the customer(s) :

 

Address of customer(s):

 

Date :

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

 

(*) Delete as appropriate

 

APPENDIX 2

 

 

LEGAL GUARANTEE

 

 

GUARANTEE OF COMPLIANCE (articles L 217-4 to L 217-14 of the Consumer Code)

Article L217-4: "The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery. He shall also be liable for defects of conformity resulting from packaging, assembly instructions or installation when this has been made at his expense by the contract or has been carried out under his responsibility... . »

Article L217-5: "The good is in conformity with the contract:

1° If it is suitable for the use usually expected of a similar good and, if necessary:
- If it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;

- whether it has the qualities that a buyer may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling; ;
2° Or if it has the characteristics defined by mutual agreement between the parties or if it is suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter. »

Article L217-6: "The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was not legitimately in a position to know them. »

Article L217-7: "Defects of conformity which appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.
For second-hand goods sold, this time limit is set at six months.
The seller may rebut this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked".

Article L217-8: "The buyer is entitled to demand the conformity of the goods to the contract. He may not, however, contest conformity by invoking a defect which he knew or could not have been unaware of when he entered into the contract. The same applies when the defect has its origin in the materials which he himself has supplied. »

Article L217-9: "In case of lack of conformity, the buyer chooses between repair or replacement of the good. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate to the other method, taking into account the value of the good or the importance of the defect. In such a case, the seller is bound to proceed, unless it is impossible, according to the method not chosen by the buyer. »

Article L217-10: "If the repair and replacement of the good are impossible, the buyer can return the good and get the price back or keep the good and get part of the price back.

The same faculty is open to him:

1° If the solution requested, proposed or agreed in application of article L. 217-9 cannot be implemented within one month following the buyer's complaint;

2° Or if this solution cannot be implemented without major inconvenience for the buyer, given the nature of the goods and the use he is seeking.

However, the sale may not be rescinded if the lack of conformity is minor. »

Article L217-11: "The application of the provisions of articles L. 217-9 and L. 217-10 shall take place at no cost to the buyer. These same provisions do not prevent the allocation of damages. »

Article L217-12: "The action resulting from the lack of conformity shall be time-barred after two years from the delivery of the goods. »

Article L217-13: "The provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature recognized by law. »

Article L217-14: "Recourse action may be brought by the final seller against successive sellers or intermediaries and the producer of the tangible movable property, in accordance with the principles of the Civil Code. »

GUARANTEE OF HIDING VICES (Articles 1641 to 1649 of the Civil Code and Article L. 211-2 of the Consumer Code)

Article 1641: "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 is intended, or which so diminish that use that the buyer would not have acquired it, or would only have paid a lesser price for it, if he had known about them. »

Article 1642: "The seller is not bound by apparent defects of which the buyer has been able to convince himself. »

Article 1642-1: "The seller of an immovable to be built may not be discharged, either before acceptance of the work or before the expiry of a period of one month after the buyer takes possession of the building, of the construction defects or defects of conformity then apparent.

There shall be no grounds for rescission of the contract or reduction of the price if the Seller undertakes to make good such defects. »

Article 1643: "He shall be liable for latent defects, even if he did not know of them, unless, in that case, he has stipulated that he shall not be bound by any warranty. »

Article 1644: "In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price refunded, or of keeping the thing and having part of the price refunded, as arbitrated by experts. »

Article 1645: "If the seller was aware of the defects of the thing, he shall be liable, in addition to restitution of the price he received for it, for all damages to the buyer. »

Article 1646: "If the seller was unaware of the defects of the thing, he shall be bound only to refund the price and to reimburse the buyer for the expenses incurred by the sale. »

Article 1646-1: "The seller of an immovable to be built is bound, as from the acceptance of the work, by the obligations of which the architects, contractors and other persons linked to the owner by a contract of lease of work are themselves bound pursuant to Articles 1792, 1792-1, 1792-2 and 1792-3 of this Code.

These guarantees benefit the successive owners of the building.

There will be no need to rescind the sale or reduce the price if the seller undertakes to repair the damage defined in Articles 1792, 1792-1 and 1792-2 of this code and to assume the guarantee provided for in Article 1792-3. »

Article 1647: "If the thing which had defects has perished as a result of its poor quality, the loss is for the seller, who shall be liable to the buyer for the restitution of the price and other compensation explained in the two preceding articles. But the loss that has occurred by chance will be for the account of the buyer. »

Article 1648: "The action resulting from redhibitory defects shall be instituted by the buyer within a period of two years from the discovery of the defect. In the case provided for by Article 1642-1, the action shall be instituted, under penalty of foreclosure, within one year following the date on which the seller may be discharged from the defects or apparent defects of conformity. »

Article 1649: "It does not take place in sales made by authority of justice. »