General Terms and Conditions of Sale
"The infraction of abusively copying copyrighted documents and the nature of the images and texts comes under exclusive responsibility of the ordering party"
The customer, who buys a good or a remote service provision to a professional, has conventionally at his disposal a 14-day delay (fourteen days) to change his mind about his purchase (see §10).
§ 1 General Information
The contractual party for all the orders within the framework of this online offer is SARL keransym, 39 Route de Lorient, F-29300 Quimperlé, hereinafter referred to as “ imaginadeco ”.
All the imaginadeco services and deliveries to the customer will be justified by these General Conditions of Sale. Contradictory or different conditions of the customer will be contractual only after a written confirmation from imaginadeco.
§ 2 Contract
(1) The online products representations of the provider are non-contractual and do not present a firm offer to enter into a contract. The costumer can submit a binding offer (firm order) through the online system, the “basket”... The merchandise for purchase is therefore placed in the “basket”. The customer can have a look at the “basket” at any time and modify it via the related links in the navigation bar. After going through the “checkout” page, inputting personal data and the confirmation of the general conditions of sales and delivery, a final order summary will appear on screen. Before submitting the order, the customer has the possibility to check all the information, to change (the browser’s “return” function as well) and to cancel his purchase. By clicking on the “buy” button, the customer commits to accepting the provider’s offer. The customer will then receive an automatic email for the good reception of his order, this is not equivalent to the confirmation of the order.
(2) The offer acceptance (hence the conclusion of the contract) is done by the sending of a confirmation email from Imaginadeco in which the order processing will be confirmed to the customer. If the latter has received no confirmation email within 5 days, he is not linked to his order anymore. In this case, already made services will immediately be paid back.
(3) The customer’s requests about the purchase or a quote from outside the online shop, for instance, by phone, email, fax or letter, are not contractual for the customer. To have the proposition validated by the customer, the provider has to send a contractual email summary (order form) to the customer who can accept it within 5 days.
(4) The order process and the submission of all the information that are necessary in the framework to conclude the contract are partly automatically done by electronic mails. Hence, the customer has to ensure that the email address submitted by him with his provider is true, the email reception is technically possible et will not be stopped by anti-spam filters.
(1) For the buyer in the CE, the specified prices are permanent. The delivery address is decisive. They include the statutory taxes, such as VAT. The delivery fees are separately charged and indicated on the invoice, except when the price is indicated as “free delivery”.
(2) The delivery fees have to be borne by the customer, they depend of the size and the destination. The shipping fees can be seen on the website Imaginadeco.
(3) The purchase price and the delivery fees are to be paid during the order process.
(4) If the buyer wants to change a picture, a layout, etc...a part or the whole product, after having ordered, additional costs will be charged to the buyer. These additional costs will have to be paid before the production starts.
§4 Intellectual property rights
(1) Never imaginadeco is the owner of the suggested patterns of their websites. The copyrights owner is either a imaginadeco collaborator, or a customer who uses his own arrangements.
(2) All the data provided and the customer’s arrangements are treated in the framework of an automatic procedure and this, without any preliminary examination and correction from imaginadeco. The customer agrees that by uploading his files he is not violating the intellectual property rights of a third.
(3) The customer will indemnify imaginadeco for any future claims and demands that can be done after violating property rights of a third with regard to claims put up by Imaginadeco when the customer is responsible for violating the duty. The customer ensures all the costs of defence and other damages, done against imaginadeco.
(4) The customer guarantees that the content or the sent material does not violate the applicable laws.
(5) The customer especially guarantees that no illegal content (aggressive people, racists, hatters, discriminatory people, unconstitutional pornography implying children,...) will be sent to Imaginadeco.
(1) The delivery delays are indicated on the products pages.
(2) Partial deliveries are allowed and are considered as distinct deliveries, except if a partial delivery is not going to be bearable by the customer. In this case, the customer will not have to pay additional delivery fees.
(3) imaginadeco endeavours to respect the specified dates. If imaginadeco fails at respecting the delay, the customer can cancel the contract under the following conditions.
(4) The grace period for the shipping time of imaginadeco is set to 14 working-days. The period starts with the reception of the customer’s formal notice from imaginadeco. If the grace period is seen as being unacceptable by the customer, then this clause is not valid. Especially when a fix date has been defined or if the customer’s interest for a grace period for compulsory reasons or authorised by law cancels it.
(5) When there are delivery problems that are not under imaginadeco’s influence (particularly in the case of force majeure) and are not its fault, imaginadeco is allowed to cancel the contract without any damages, if the impediment is of temporary nature. Within this period, imaginadeco is not to blame for delivery delay. In case of cancellation, you will be paid back of the already paid purchase cost.
(6) The orders and services will only be made by imaginadeco if the customer’s payments are up-to date for current orders. Some payments will first enter into the accounts in chronological order of the different dues to pay, interests and fees.
(7) Delivery costs to France: the delivery fees are indicated for metropolitan France and Overseas Department and Territories.
§6 Payment modalities
(1) The purchase price is immediately due upon conclusion of the contract and must be paid in advance. The customer chooses to pay either by Paypal or by bank transfer when ordering.
(2) Imaginadeco is entitled to use trustworthy third-party services for a payment. For a third-party payment, in regards of Imaginadeco, it is only considered as done if the amount stipulated in the contract has been given to the third party, allowing a fully availability through the third party in question.
(3) All the shipping fees ( packaging, transport, insurance and delivery) are paid by the customers. The shipping fees can be consulted on www.imaginadeco.uk .
(4) If after a wrong delivery address or a wrong addressee, additional fees will have to be paid, the customer will immediately have to pay back those costs to imaginadeco, except if the wrong indication is not the customer’s fault.
§7 Reservation of ownership
(1) The delivered merchandises remain until completion of all claims arising under the contract, imaginadeco’s property. If the customer is an independent legal body governed by public law, public funds or a contractor while carrying out his professional, commercial or independent activity, this also includes all the ongoing businesses until all the demands of imaginadeco in the framework of the contract will be fulfilled.
(2) The customer has only a right of compensation if his counterclaims by imaginadeco are admitted or legally established. The customer has only a right of retention if his counterclaim is based on the same contractual relation.
(1) The information, the pictures, specifications, technical data, drawings, technical data of weight and dimension, that are to found in advertisements, catalogues, leaflets, price lists, containing news reports or emails, have a purely informative nature. imaginadeco accept no responsibilities for the exactness of this piece of information. Only the information included in the order form and the order confirmation are significant in regards of the nature and the delivery extend.
(2) There is no warranty for discoloration or prints’ water resistance, except if the warranty is expressly given in writing by imaginadeco. It is especially underlined that prints are only to be used in closed areas.
(3) In reasonable and acceptable limits for the customer, during the performance of the sales contract, imaginadeco expressly reserves the right that there might be some variations in the descriptions and information appearing in booklets, catalogues and other writings and electronic documents with differences in size, colour, design, weight, material composition or of similar characteristics. Changes, in reasonable limits, can result from normal fluctuations and technical production processes. White borders at the top, at the bottom or at the side can not be accepted, since we can not ensure a safe processing.
(4) In case of an obvious material or building defect, included the delivery damages, one should immediately inform Imaginadeco by email at firstname.lastname@example.org with acknowledgment of receipt. The statutory claims and rectifications - particular legal requirements – the additional claims to a reduction or a suppression, as well as in addition to the compensatory damages, including the compensation for damages instead of the realisation, along with the replacement of your futile expenses, apply to all the others occurring during the period of gaps of legal product warranty of your choice. imaginadeco takes responsibility of the return costs in the event of a default.
(5) The limitation period for the debtsof the legal guarantee is 24 months long after the merchandise reception. If the customer is a professional, the limitation period is of 12 months.
(6) Data communication on internet cannot be guaranteed, according to the state-of-the-art, of being free of errors or available at any moment. imaginadeco is consequently not responsible of the ongoing and uninterrupted availability of the online offer.
(7) The customer’s warranty claims require that, if the customer is a trader, he had respected the procedure of the HGB obligations based on §377.
(8) The right a compensation or of reduction only exists if the counterclaims have been proven by law, unquestioned or admitted in writing by us.
§9 Right and withdrawal period
14 days (fourteen days) – withdrawal by email at email@example.com or by phone +33 (0)9 54 95 13 21 (price of a local call) from Monday to Friday from 10am to 12am and 2pm to 4pm.
In order to cancel your order, you will have a 14 calendar day-delay from the day of your order receipt. After this fourteen day delay, the order is final and non-reversible. You do not need to justify your cancellation and will be reimbursed of all money paid without the return costs.
When receiving your order, you have consideration period of fourteen (14) days to, without explanation, put an end to the contract and return or exchange the good. When you wish to use this right, you are asked to contact us by email within the fourteen (14) days to inform us about your decision. The return costs will be charged to you.
Your purchase has to be returned complete, clean, in its package of origin and in a good state.
When a product is returned, it is controlled at his arrival at our warehouse to find eventual breaks, damages and/or packaging by us. According to the state of the returned product, a refundable amount is established, the reimbursement request is therefore transmitted to the service concerned.
When the product is complete and not damaged, we pay you back within the following thirty (30) days. We use the bank details used during the transfer or your Paypal account, as written on your bill.
A product can only be returned to the address that we will tell you at this moment.
§10 Non-compliant and defective products
Despite all the care when the parcel is being prepared, it might happen that a good is missing. Likewise, after the delivery, one product can turn to be defective. Each parcel must therefore be checked by the Customer in front of the delivery man and be opened in case of doubt. The Customer has a fourteen (14) day-delay from the product delivery, to express eventual claims to us by mail in case of something missing or a degradation.
Any anomaly concerning the delivery (missing or broken product, damaged parcel) will absolutely have to be notified, on the day of the reception or at the latest on the fourteenth day after reception by sending an email to firstname.lastname@example.org by saying the purchase order number.
Any expressed claim after fourteen (14) days will be rejected and we will be released from any liability. We reserve the right to ask the customer to return the defective product.
"The infraction of abusively copying copyrighted documents and the nature of the images and texts comes under exclusive responsibility of the ordering party”
The customer is the only responsible person for the given data (the sizes, choice of fabric and the ordered system, the images, texts, pictures, the quality, the pixilation, “too blurred, too bright or dark”, the compliance, copyright, the accuracy, the spelling, the grammar, etc...) and cannot held us responsible, we only produce his compositions and this in the state and based on his instructions.
§12 Excluded contracts
The withdrawal right does not apply to the following contracts:
- Goods created on your demands or clearly customised (made-to-measure furniture for instance),
- Goods that may quickly deteriorate or perish (food products for instance),
- Goods that have been opened but cannot be returned for reasons of hygiene and health protection.
- Goods inseparable from other products,
- Completely executed services before the end of the retraction delay or the production of which has already begun, with your consent and explicit renunciation to your right of withdrawal, before the end of this delay,
- Numerical content provided on an immaterial medium, the execution of which has started with your consent and for which you gave up your right of withdrawal.
§13 Contractual warranty
We guarantee you, under proper use condition and within a year (two years for some products, if indicated), against any manufacturing defect of his goods, provided that it is reported when it appears.
For further information about warranties, contact our after-sales service by email email@example.com or by phone at +33 (0)9 54 95 13 21 (price of a local call) from Monday to Friday, from 10am to 12am and 2pm to 4pm.
§14 The returns
When an item has to be sent back to us, the after-sales service will give you the instructions to follow. Any return without our prior written permission will be refused.
Once the return parcel back in our warehouse or retrieved by the collection service, the repayment will be done by the same transaction method than the one chosen at time of order. We draw your attention on the fact that the item should be returned to us within the thirty (30) days following your purchase, otherwise your reimbursement rights go out of date. The reimbursements occur under thirty (30) days. Remark addressed to the recipient.
§16 Return fees
Return fees in the framework of the retraction right will be calculated as tightly as possible and reported at the time of your order.
When the 14 day-delay retraction right has expired, the removal fees of an article are based on the number of the necessary packages for this product to be shipped, and on its weight combined. If you choose our removal service, you will be given the costs of this service in advance. When using this service, the repayment is done after the carrier has recovered the parcels.
For any question, you can contact our customer service:
Email: firstname.lastname@example.org – We answer to your emails from Monday to Friday, 8:00am to 6:00pm.