Terms of Sale
IMH, a “société à responsabilité limitée” (SARLU) limited liability company (SARLU) duly organized and existing under the laws of France, with a share capital of 55,000 euros, registered with the Trade and Companies Register of Paris under the no. 420 991 457, whose Intracommunity VAT number is FR45420991457 and whose registered office is situated 3 Las Cases, 75007 Paris, France.
The purpose of these General Terms of Sale is to govern the commercial relations between our company and any buyer of our products who is a consumer or non-professional within the meaning of French law, in respect of any purchase of our products made online on the Site https://india-mahdavi.com. These conditions apply to the exclusion of all other conditions, in particular to the exclusion of those in force for sales in shops or by telephone.
“Customer“: refers to the buyer, a co-contractor of imh, who guarantees to be a consumer or non-professional as defined by French law. The Customer must be at least 18 years of age and have legal capacity or, if he is a minor, be able to prove the agreement of his legal representatives.
“imh“: refers to the seller: the above-mentioned IMH company.
“General Conditions“: refers to the present General Conditions of Sale.
“Contract“: refers to the sales contract between imh and the Customer and consists of these General Terms and Conditions of Sale and the Order Confirmation sent to the Customer by imh.
“Order Confirmation“: refers to the email sent by imh summarising the characteristics of the order placed by the Customer on the Site.
“Delivery“: refers to the transfer of physical possession or control of the Products sold to the Client or, where applicable, to a third party designated by the Client.
“Products“: refers to all the products offered for sale by imh on the Site.
“Site“: shall designate the Internet site published by imh and accessible at the address https://india-mahdavi.com
2. Acceptance of the General Terms and Conditions – Pre-contractual information
The General Terms and Conditions, together with the Order Confirmation issued by imh, constitute the only contractual documents binding on imh. The General Terms and Conditions are available on the imh website where they can be consulted and printed directly by the Client and can also be communicated to him on request by telephone, e-mail or post. The General Conditions are binding on the Client who acknowledges, by ticking a box provided for this purpose, that he has been made aware of them and has accepted them before placing an order. Placing an order implies the Customer’s express and unreserved acceptance of the General Conditions in force on the day of the order.
The Customer acknowledges that he/she has been informed of and has read, prior to the conclusion of the Contract, in a clear and comprehensible manner, the General Conditions and all the information listed in articles L. 221-5 and L. 221-14 of the Consumer Code.
3. Modification of the General Conditions
imh reserves the right to modify its General Conditions at any time. The General Conditions applicable are those in force on the date of the order. Failure to exercise, at any time, a prerogative recognised by the General Terms and Conditions may not be interpreted, under any circumstances, either as a modification of the Contract, or as an express or tacit waiver of the right to exercise the said prerogative in the future. In the event that any of the terms of the General Terms and Conditions are considered illegal, invalid or unenforceable, in particular by a court decision, the other provisions shall remain in force.
The characteristics of the Products sold and in particular the specifications, illustrations and dimensions are presented on the Site. The Customer must refer to the description of each Product in order to know its properties and essential characteristics. The choice and purchase of a Product is the sole responsibility of the Customer. The photographs illustrating the Products are not part of the contract. If they contain inaccuracies, imh cannot be held responsible.
The Customer is informed that the rendering and the visual impression of the Products (tint, colour, texture) may vary from one Product to another, in particular due to the method of manufacture, the use of natural or fragile materials, which by their very nature are never totally identical to one another. Some Products may have natural imperfections and irregularities due to the nature of the materials and may change with time and their environment. The Customer accepts these possible imperfections and changes in the Products that are inherent to the material and to the craft manufacturing process and that cannot give rise to the implementation of the legal guarantee of conformity and/or the legal guarantee for hidden defects.
In the absence of any particular indication, the Products are offered and delivered as long as they appear in the electronic catalogue and within the limits of available stocks.
The Customer expressly acknowledges that any confirmed order is an order with an obligation to pay. Any order implies acceptance of the description of the Products and the prices in force on the day of the order.
The online sales offers presented on the site are reserved for Customers residing in France and/or in a member country of the European Union and/or in the rest of the world and for deliveries in these same geographical areas. The languages proposed for the conclusion of the Contract are French and English. The Customer accepts that the information requested for the conclusion of the Contract or that sent in the course of its execution be transmitted electronically.
Orders for Products are placed directly on the Site. It is up to the Customer to select the Products he/she wishes to order on the Site. The different steps to follow to conclude the Contract are as follows:
- Selection of the Products and validation of the order – To place an order, the Customer, after having filled his virtual basket with the selected Products and the desired quantities, checks the contents of his order and clicks on the “validate the order” button.
- Identification/creation of a customer account – If the Customer has not yet done so, he/she will be invited to identify himself/herself or to register. When registering, the Customer will provide updated information to identify themselves and process their order by completing the form available on the Site (the sign (*) indicating the fields that must be completed by the Customer).
- Delivery – The Customer is then asked to confirm the delivery address and is informed of the cost and method of delivery.
- Verification of the order/choice of payment method/acceptance of the GTC – After clicking on the “next step” button, an online form will be automatically completed and will summarise the details of the order (delivery address, characteristics and references of the Product(s) to be ordered, quantity, unit price, applicable taxes: VAT, delivery charges, total amount due by the Customer). The Customer then chooses the desired method of payment from among the methods of payment offered on the Site, reads the General Conditions and expressly accepts them by ticking the acceptance box provided for this purpose.
- Confirmation of the order – Before clicking on the “Confirm order” button, the Customer is invited to check the details of his/her order and its total price and has the possibility of returning to the previous pages to correct any errors or possibly modify his/her order.
- Payment – The Customer then proceeds to pay for the Products ordered by following the instructions on the Site.
At the end of the steps described above, a page appears on the Site to summarise the order.
imh acknowledges receipt and confirms the Customer’s order, to the email address provided by the Customer, by means of an Order Confirmation email containing a summary of the order and the present General Conditions in PDF format. The Customer must check the content and accuracy of the Order Acknowledgement email and notify imh immediately by email of any error.
The information transmitted to imh by the Customer at the time of the order is binding: in the event of an error in the wording of the delivery address or the identity of the recipient or in the event of failure to indicate the particularities of access to the place of delivery (floor, access code, etc.), imh cannot be held responsible for the impossibility in which it may be to deliver the Product ordered. Any modification of the order by the Customer after confirmation of the order is subject to acceptance by imh.
imh reserves the right to refuse any order for legitimate reasons and more particularly if the quantities of products ordered are abnormally high for buyers who are consumers or if there is a dispute with the Customer. In the event of unavailability of the Product ordered, imh undertakes to inform the Customer as soon as possible by email or telephone and to offer the supply of an equivalent Product. The Customer has a period of five (5) working days in which to express his agreement to substitute the equivalent Product for the Product ordered. In the event of silence or disagreement by the Customer, the unavailability of the Product shall result in the cancellation of the order and, if applicable, the reimbursement to the Customer of the price of the unavailable Product within fourteen (14) days. imh shall not be liable for any additional sum, in particular for any compensation.
6. Archiving and proof
Communications, order confirmations and invoices are archived by imh on a reliable and durable medium so as to constitute a faithful and durable copy. These communications, order forms and invoices may be produced as proof of the contract.
7. Sale price
The sale price of the Products is expressed in euros and includes all taxes (and in particular the VAT in force).
The advertised prices of the Products do not take into account the delivery and shipping costs which are to be paid by the Customer, in accordance with article 8 below. Promotional offers are only valid within the double limit of the validity period of the offer concerned and available stocks.
8. Shipping costs
The cost of delivery and carriage of the Products (including any handling) shall be borne by the Customer, for the amounts specified before the Customer places the order and set out in the Order Confirmation. Additional packaging costs, of which the Customer may have been aware prior to placing the Customer’s order, may apply, particularly in the event of a special request by the Customer.
The price invoiced to the Customer is the price indicated on the Order Confirmation. The invoiced price is due and payable in full, as soon as the Customer accepts the order. The Customer pays for the Products online on the Site using the payment methods offered, i.e. payment by bank card (Visa, Mastercard), Apple Pay or PayPal. The Site is equipped with an online payment security system (3D Secure) which encrypts the transmission of bank details.
Payment in the sense of the present article is constituted by the actual provision of funds to imh. The order will only be processed by imh upon receipt of the payment in full and subject to its collection by imh. In the event of any default of payment by the Client, the order may be cancelled by imh. In this case, the Customer will be informed by email.
The ownership of the Products is transferred after full payment by the Customer of the price agreed upon when placing the order.
Delivery times of the Products
Delivery times are indicated on the Site before the order is placed, and are summarised in the Order Confirmation. They start to run from the effective receipt and collection by imh of the payment of the totality of the sale price by the Customer. Unless otherwise stated, the delivery time of imh is twelve (12) to fourteen (14) weeks.
If several items ordered at the same time have a different delivery date, the latest delivery date will be the latest. In this case, imh reserves the right to deliver the order in several instalments.
Terms of delivery of the Products
The Products are packaged individually.
The place of Delivery and the identity of the recipient of the Product are mentioned in the Order Confirmation in accordance with the information provided by the Customer when placing the order. Delivery will be made by a carrier appointed by imh. The Product will be delivered by hand to the recipient (the Customer or a third party designated by him) or deposited in his mailbox.
Receipt of the Products – Transfer of risks – Reservations on delivery
imh is responsible for the Product until it is delivered. The risk of loss or damage to the Product passes to the Customer upon delivery. If a Product is found to be damaged, broken, missing or not in conformity with the Order Confirmation, the Customer is advised to refuse delivery. In all cases, the Customer is required to check the condition of the packaging and the conformity of the Product at the time of delivery and must immediately inform the delivery person of any reservations he/she wishes to make about the condition of the delivered Product so that they can be mentioned on the transport document: damaged packaging, damage suffered, conformity with the order, etc.
Any complaint about apparent defects or non-conformity of the delivered Product, as well as any damage related to transport, must be notified in writing by the Client to imh within 48 hours of the Product’s delivery, either by registered letter with acknowledgement of receipt to the following address I.M.H, 3 rue Las Cases, 75007 Paris, or by email to email@example.com. The Customer must provide any justification as to the reality of the non-conformities, damage or defects observed.
If no complaint is made within the above-mentioned period and conditions, the Products delivered will be deemed accepted by the Customer.
By justifying a defect or non-conformity of the Products, the Customer will obtain a return authorisation from imh, specifying the address and methods of returning the Products. Once the return authorization has been obtained, the Customer will send the Products back to imh at the address specified on the return authorization in the manner indicated. Any Product returned without the agreement of imh will be refused and returned to the sender at the latter’s expense and risk.
To be validly returned to imh and/or exchanged, the Products must not have been used and must be returned in their original packaging with their possible accessories and other documentation.
In this case, the return costs will be covered by imh by means of a return voucher or, failing that, by reimbursing the Customer for the actual amount of the said costs (the proof of postage costs must be enclosed with the package; in the event of absence, no reimbursement may be demanded by the Customer).
If the Product ordered is not delivered on the expiry of the agreed deadline for any reason other than the fault of the Client or force majeure, the Client may, after having previously requested imh in writing and without success to fulfil its obligation to deliver within an additional period of fifteen (15) days, cancel the order by registered letter with acknowledgement of receipt to the following address I.M.H, 3 rue Las Cases, 75007 Paris, or by email to firstname.lastname@example.org. The sale will be considered as cancelled upon receipt by imh of the letter or email informing it of the cancellation, unless imh has performed in the meantime. The sums received from the Customer for the cancelled order will be returned by imh within 14 days of the cancellation of the order at the latest. Non-compliance with delivery deadlines does not entitle imh to pay any compensation.
11. Right of withdrawal
Conditions, period and methods for exercising the right of withdrawal
In accordance with Article L. 221-18 of the French Consumer Code, the Customer has the right to withdraw from the contract without having to give any reason, by returning or restituting the delivered Products to imh at its expense. To exercise his right of withdrawal, the Customer has fourteen (14) days from the delivery of the Products to inform imh of his intention to withdraw by filling in and sending to imh, before the expiry of this period, the withdrawal form in Appendix 1 of the General Terms and Conditions, or by sending to imh any other unambiguous statement expressing his intention to withdraw. If the Customer has ordered several Products and if these Products are delivered separately or in the case of an order for a single Product delivered in several batches, the withdrawal period will expire 14 days after the delivery of the last Product delivered or the last batch delivered.
The notification by the Customer of the exercise of his right of withdrawal as well as the return of the Product shall be made to the following address I.M.H, 3 rue Las Cases, 75007 Paris, or by email to the address: email@example.com.
Effects of the exercise of the right of withdrawal
The Customer must return or restitute the Products to imh without undue delay and, in any event, no later than 14 days from the date on which the decision to withdraw was sent to imh. The costs and risks of returning the Products are to be borne exclusively by the Customer. Imh undertakes to reimburse the Customer for the price of the order within 14 days of receipt of the Product(s) or at least within 14 days of the Customer’s communication to imh of proof of shipment of the Products (whichever is earlier).
The Products must not have been used or damaged and must be returned intact in their original packaging with any accessories and other documentation. The Customer may be held responsible for any damage to the Product.
12. Legal guarantees
Legal guarantee of conformity and legal guarantee of hidden defects
The Products are automatically covered by the legal guarantee of conformity provided for in articles L. 217-4 et seq. of the French Consumer Code, as well as the guarantee of hidden defects provided for in articles 1641 et seq. of the French Civil Code.
The Customer is reminded that imh cannot be held liable, under these two legal guarantees, in the event of a defect resulting from a cause external to the Product or from any action, manipulation, transformation or modification whatsoever carried out by the Customer or any third party on the Product and not provided for or specified by the manufacturer, or in the event of defects and deterioration caused by natural wear and tear of the Product, by abnormal use or use that does not comply with the intended purpose of the Product, or by defective maintenance of the Product.
Implementation of the legal guarantee of conformity
The Products benefit from the legal guarantee of conformity, for the Product apparently defective, damaged or not corresponding to the order.
Article L. 217-4 of the French Consumer Code: “Le vendeur livre un bien conforme au contrat et répond des défauts de conformité existant lors de la délivrance. Il répond également des défauts de conformité résultant de l’emballage, des instructions de montage ou de l’installation lorsque celle‐ci a été mise à sa charge par le contrat ou a été réalisée sous sa responsabilité”.
Article L. 217-5 of the Consumer Code: “Le bien est conforme au contrat :
1º S’il est propre à l’usage habituellement attendu d’un bien semblable et, le cas échéant :
‐ s’il correspond à la description donnée par le vendeur et possède les qualités que celui‐ci a présentées à l’acheteur sous forme d’échantillon ou de modèle ;
‐ s’il présente les qualités qu’un acheteur peut légitimement attendre eu égard aux déclarations publiques faites par le vendeur, par le producteur ou par son représentant, notamment dans la publicité ou l’étiquetage ;
2º Ou s’il présente les caractéristiques définies d’un commun accord par les parties ou est propre à tout usage spécial recherché par l’acheteur, porté à la connaissance du vendeur et que ce dernier a accepté”.
Article L. 217-12 of the Consumer Code: “L’action résultant du défaut de conformité se prescrit par deux ans à compter de la délivrance du bien”.
Article L. 217-16 of the French Consumer Code: “Lorsque l’acheteur demande au vendeur, pendant le cours de la garantie commerciale qui lui a été consentie lors de l’acquisition ou de la réparation d’un bien meuble, une remise en état couverte par la garantie, toute période d’immobilisation d’au moins sept jours vient s’ajouter à la durée de la garantie qui restait à courir. Cette période court à compter de la demande d’intervention de l’acheteur ou de la mise à disposition pour réparation du bien en cause, si cette mise à disposition est postérieure à la demande d’intervention”.
Implementation of the legal guarantee for hidden defects
imh is bound by the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the Product delivered and making it unfit for use.
Article 1641 of the Civil Code: “Le vendeur est tenu de la garantie à raison des défauts cachés de la chose vendue qui la rendent impropre à l’usage auquel on la destine, ou qui diminuent tellement cet usage que l’acheteur ne l’aurait pas acquise, ou n’en aurait donné qu’un moindre prix, s’il les avait connus”.
Article 1648 paragraph 1 of the Civil Code: “‘action résultant des vices rédhibitoires doit être intentée par l’acquéreur dans un délai de deux ans à compter de la découverte du vice”.
imh undertakes to sell Products that comply with the regulations and standards in force in France and in the European Union at the time of sale. imh declines all responsibility and cannot be held responsible for any damage caused to the Customer or to a third party due to use of the Product that does not comply with its intended purpose. imh cannot be held responsible for the non-conformity of the product with the legislation of the Customer’s country of residence: it is the Customer’s responsibility to check whether the product is not forbidden for sale in his country.
imh cannot be held liable in the event of non-performance or poor performance of the Contract due to the Customer’s fault, to the insurmountable and unforeseeable fault of a third party or to a case of force majeure. Cases of force majeure giving rise to the application of this article include, in particular, the occurrence of a natural disaster, a fire, an internal or external strike at imh, riots, an internal or external failure or breakdown, an epidemic, as well as any event and/or any legal, regulatory, administrative or judicial prescription in connection with the contract, legal, regulatory, administrative or judicial requirements related to the epidemic that would either completely prevent imh or its suppliers from fulfilling its obligations, or significantly impact the proper performance of its obligations or those of its suppliers.
14. Intellectual property
The Customer has no intellectual or industrial property rights on the Products, packaging and wrapping, imh remaining the exclusive owner of all these rights.
The content and structure of the Site are protected by intellectual property law throughout the world. Any reproduction or representation, in whole or in part, of any content on the Site (in particular any text, image, iconographic or photographic representation, brand or logo) for any purpose and on any medium is prohibited.
Failure to comply with these prohibitions constitutes an infringement that may incur the civil and criminal liability of the infringer.
None of the provisions of the General Conditions may be interpreted as granting the Customer a licence to any intellectual property right.
Complaints will always be received with attentive benevolence. In the event of a complaint, the Customer should first contact imh by e-mail at the following address: firstname.lastname@example.org in order to seek an amicable solution. If the complaint to imh fails or if there is no response within two months, the Client may resort to conventional mediation or any other method of dispute resolution.
17. Recourse to the consumer mediator
In accordance with the provisions of articles L. 612-1 et seq. of the French Consumer Code, imh adheres to the Service of the E-commerce Mediator of the FEVAD (Fédération du e-commerce et de la vente à distance) whose contact details are as follows: 60 Rue La Boétie – 75008 Paris – http://www.mediateurfevad.fr. After a prior written complaint to imh which has not been successful, the Mediation Service may be contacted by any consumer, free of charge, within one year of the complaint.
The consumer may also access the European platform for dispute resolution provided for by Regulation (EU) No. 524/2013 of 21 May 2013 on the online settlement of consumer disputes, in particular cross-border disputes, accessible via the following link: http://ec.europa.eu/consumers/odr/.
If mediation fails, or if the consumer does not wish to have recourse to it, he remains free to submit the dispute to the competent courts.
18. Applicable law and jurisdiction
The General Conditions, the Contract and, more generally, the entire commercial relationship between our company and the Customer are governed by French law, subject to the application of the mandatory rules of the country in which the Customer has his habitual residence. The Vienna Convention on international sales contracts is not applicable.
In the event of a dispute with the Customer, the parties shall try as far as possible to resolve their dispute amicably. In accordance with the provisions of the Brussels I bis Regulation (EU) n°1215/2012 of 12 December 2012, in the event of a dispute with a Customer residing in a Member State of the European Union, the Customer shall have the option of bringing his action either before the court of his own place of residence or before the courts of the Member State in which imh is domiciled. imh may, for its part, only bring action against the Customer before the courts of the Member State in which the Customer is domiciled. Any dispute with a Customer residing outside the European Union will be subject to the exclusive jurisdiction of the court of the registered office of imh.
The General Conditions are written in French. In the event that they are translated into one or more foreign languages, only the French version shall be deemed authentic in the event of a dispute.