ICKO Terms and Conditions

PREAMBLE

These general terms and conditions of sale govern the terms and conditions of the distance sale of the products of ICKO Apiculture (hereinafter the "Seller"), a simplified stock company, headquartered at Parc d'activités Drôme Sud Provence, Impasse des senteurs, 26130 Saint-Paul-Trois-Châteaux (France), registered in the register of commerce and companies of Avignon under the number: 329 287 015 - Telephone: 04 90 40 49 71 - Fax: 04 90 30 46 77 - E-mail: contact@icko-apiculture.com

They express the full rights and obligations of the parties. Anyone wishing to order a product from the Seller may request a copy of these general terms of sale or print them directly on the site: www.icko-apiculture.com, (hereinafter referred to as the "Site").

The products (hereinafter the "Product(s)") offered for sale on the www.icko-apiculture.com website are consumption of provisions products of the apiculture and include in particular: food products, food supplements, hygiene products, beekeeping equipment.

1. SUBJECT AND SCOPE

These general terms and conditions of sale (hereinafter the "GCS") apply to any consumer who wishes to acquire one or more Products through the Website (hereinafter the "Customer"), as well as by telephone, fax or any means which fall within the frame of distance selling. They therefore govern the contractual relations between the Customer and the Seller.

No trader may avail himself of these GCS, as they concern only the natural person who acts for purposes which do not fall within the frame of his commercial, industrial, artisanal, liberal or agricultural activity, except for exceptions falling within the frame of Article L. 221-3 of the consumption of provisions Code.

2. ACCEPTANCE OF THE PRESENT GCS

The Customer, by using the Site or by placing an order with the Seller, acknowledges having full legal capacity for this purpose. The Customer who orders on the Site must accept the GCS directly online by checking the box before placing each order: "I acknowledge that I have read the general terms and conditions of sale". The Customer ordering by telephone, fax or any other means shall return, prior to the placing of the order, a copy of these GCS duly initialed and signed by any written communication method (fax, scan...), accompanied by the order form describing the essential characteristics of the Product.

The acceptance by the Customer of these GCS constitutes a contract (hereinafter the "Contract"), which will prevail over any other conditions contained in any other document, unless the parties expressly waive, expressly and in writing.

3. AMENDMENT OF THE PRESENT GCS

The Seller reserves the right, at any time, to modify these GCS. Where applicable, the general conditions of sale in force at the time of the award will be applied to each order. However, the Customer is encouraged to keep himself informed by consulting the GCS regularly on the Site.

4. ORDER MODALITES ONLINE

4.1 Creating a User Account

In order to place an order on the Site, the Customer must create a user account by clicking on "log in", then "create my account" and complete the elements with an ID/e-mail address and a password which he must keep confidential. An email confirming the creation of the account will then be sent to the Customer at the email address indicated in order to be able to identify the Customer. Once the account has been created, the username and password will necessarily be entered on the Site with each new order. A summary of the information provided will then be sent by e-mail to the Customer. Since this information is necessary to manage the order and the relationship with the Customer, no account can be created without providing the requested information. Mandatory information to be provided shall be marked with an asterisk.

The Customer is solely responsible for taking all necessary measures to ensure the confidentiality of his password. The Seller agrees to inform the Seller immediately if he has reason to believe that his password is used or is likely to be used by any unauthorized third party.

4.2 Order Validation

Once on its customer account through its username and password, the Customer places his order by adding the Products to his "shopping cart". The Customer may at any time until payment of the price, modify, delete or add a Product to his order or simply cancel the order. It may also check, at any time, until the order is paid, the characteristics of the Products. The Customer must then select the delivery method chosen from among the options offered by the Seller and provide the requested information. The Customer must click on "validate and pay my order" in order to be able to complete the order. He then selects the payment method he chooses from those offered by the Seller. A summary of the order including: the price excluding taxes, including VAT and shipping costs is displayed before the order is validated.

4.3 Confirmation and Summary of Order by Seller

The automatic recording systems are considered as proof of the nature, content and date of the order by the Customer. It is specified that the order can only be considered final after receipt by the Customer of an e-mail confirmation of the order by the Seller.

This confirmation email summarizes in particular: the essential characteristics of the Product(s) and the price per product (VAT and VAT) and its possible components, the costs and the delivery address.

4.4 Invoice Access

Invoices will be available in an electronic format directly on the site under the heading ["My Account", "My Orders", "View Order", tab "Invoice", downloadable in pdf format]

5. ORDER

5.1 Product Availability

The Products offered to on the Customer Site by the Seller are in principle available, the state of stock being mentioned on each Product and the updates being made regularly. However, it is specified that a Product may appear as "available" during the procurement but may be unavailable at the time of payment of the order or once the order has been validated.In this case the Seller will not be held liable.

If the Product has been validated by the Customer but is no longer available, the Seller will send an email that may offer a substitute product. The Customer will be free to accept or not accept the Seller’s proposal by returning an email. In addition, it is specified that the Seller's liability will not be sought in the event of minor differences between the photos of the presentation of the articles and the texts displayed on the sheets produced on the Site, and the Products delivered.

5.2 Order Cancelation by Seller

The Seller reserves the right to cancel any order of a Customer with whom there is a dispute regarding the payment of an anterior order. The information stated by the Customer, when taking orders, commits the Customer: in the event of an error in the wording of the contact details of the recipient of the order, the Seller cannot be held responsible for the impossibility in which it could be, to deliver the Product.

In addition, no order can be honored until the entire price is actually paid by the Customer.

6. DELIVERY

Deliveries are made in metropolitan France and abroad by carrier.

6.1 Delivery Time

The delivery time is indicated at the time of placing the order and before the payment of the order. It is recalled that even if the Seller tries to comply with the delivery times, these are indicated as an indication. In all cases and in accordance with the law, the delivery time may not exceed thirty (30) days from the confirmation of the order by the Seller.

6.2 Customer Receipt

The Customer is obliged to check the contents of the delivery when it is received and will therefore have to report on the stand presented by the delivery agent (paper or electronic) any reservation, for example, for a missing, non-compliant or damaged Product. He will have to contact the customer service as soon as possible to report the problem.

6.3 Resolving the Contract by the Customer.

In the event of the Seller's failure to meet its obligation to deliver the goods on the date or at the end of the period provided for, failing which, no later than thirty (30) days after the conclusion of the Agreement, the Customer may terminate the Agreement in accordance with the terms and conditions described in Articles L 138-2 et seq. of the French Consumer Code. The Seller will then proceed to reimburse the Product under the conditions of Article L 138-3 of the Consumer Code.

Without prejudice to the rights recognized by law, any claim for error of delivery and/or non-conformity of the Products must be made to the seller within 72 hours of delivery.

7. RIGHT OF WITHDRAWAL

7.1 Exercise of the right of withdrawal

In accordance with Article L 221-18 of the French Commercial Code, you have fourteen (14) days from receipt of the Products to exercise your right to withdraw from the Contract concluded at a distance, without having to justify your decision, provided that the Products are not excluded from the scope of application (7.2 - Article L 221-28 of the French Consumer Code).

In the event of exercising the right of withdrawal, the Customer must inform the Seller within fourteen (14) days, either by sending him/her by mail (paper or electronic) the standard form attached to these GCS, or by clearly indicating, in writing, his/her willingness to withdraw, without any ambiguity, and also by including all the information necessary to process the request: detailed contact details of the Customer, order number. In accordance with the legislation in force, you will find hereafter (appendix 1) the standard withdrawal form to be sent to us by post to the following address:

ICKO Apiculture SAS
Rue A. Daudet
84500 Bollène

7.2 Exclusion of the right of withdrawal

In accordance with Article L 221-28 of the French Consumer Code, the Customer may not exercise his right of retraction in particular in the following cases:

- Products that cannot be returned for reasons of hygiene or health protection, if they have been unsealed or, after delivery, if they have been mixed inseparably with other articles ;

- Delivery of unsealed audio or video recordings or computer software after delivery ;

- Delivery of products that have been made to the Customer's specifications or clearly personalized;

- Products that are likely to deteriorate or expire rapidly.

 

7.3 Conditions for returning products

The Customer shall return the Product to the Seller without undue delay, and no later than fourteen (14) days after communication of its decision to withdraw.

The Product must then be returned without its original packaging, in perfect condition and unused, accompanied, where applicable, by all accessories, instructions and documentation to the following address:

Icko Apiculture
Parc d'activités Drôme Sud Provence
Impasse des senteurs
26130 Saint-Paul-Trois-Châteaux

A damaged or used Product will not be refunded under any circumstances.

The Customer already accepts that in the event of exercising his withdrawal period, the totality of the return costs will be at his expense (except if the Product, by its nature, cannot be returned normally by post, in accordance with article L 221-23, paragraph 3 of the French Commercial Code).

7.4 Reimbursement by the Seller

The Seller shall be bound to reimburse all sums paid by the Customer, including standard delivery charges, corresponding to the least expensive delivery method proposed by the Seller.

Reimbursement is due within a maximum of fourteen (14) days following the date on which the Seller was informed of the Customer's decision to withdraw. However, in accordance with Article L 221-24, paragraph 1. of the French Consumer Code, the Seller may defer reimbursement until the Product is recovered or until the Customer has provided proof of shipment of the Product.

The Customer shall be reimbursed by the payment method initially used when placing the order, unless otherwise agreed by the parties.

 

8. PRIZE

Prices are expressed in euros including all taxes. The price indicated on the product sheets does not include delivery costs.

The Seller reserves the right to modify the prices at any time. However, for orders already placed, the prices defined are those in force on the day the order is placed.

 

9. PAYMENT

The price of the Products is payable in cash on the day of the effective order. Payment may be made by check, bank transfer or credit card bearing the CB/Visa/Mastercard acronym in a secure SSL environment. The order validated by the Customer will only be considered final when the bank payment centers concerned have given their agreement. In the event of refusal of the said centers, the order will be automatically cancelled and the Customer will be notified by e-mail.

 

10. RESERVATION OF OWNERSHIP CLAUSE

The Seller retains ownership of the Products sold until actual payment of the full price in principal and accessories. The delivery of a payment voucher for any of the installments that may result in the Products being claimed does not constitute payment within the meaning of this clause. These provisions do not prevent the transfer of the risks of the Products upon delivery to the Customer or any loss, deterioration or damage they may suffer in the hands of the Customer.

 

11. HAVE

The validity period of a credit note is 6 months from the date of the credit note. Credit notes can be reimbursed by bank transfer or used as a credit on a future purchase.

 

12. LEGAL GUARANTEES

In accordance with the provisions of the Consumer Code, the Products supplied by the Seller benefit from :

the legal guarantee of conformity, for defective, damaged or damaged products or products that do not correspond to the order (article L.217-4 et seq.),
the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and rendering them unfit for use (articles 1641 to 1649 of the Civil Code),

Reminder of the provisions of the Consumer Code :

- Article L.217-4: "The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.

He is also liable for defects of conformity resulting from the packaging, assembly instructions or installation when the latter has been charged to him by the contract or has been carried out under his responsibility".

- Article L.217-5: "The goods comply with the contract:

1. if it is fit for the use usually expected of a similar good and, where applicable :
- 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;

- if it has the qualities that a buyer may legitimately expect in view 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 is suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter".

- Article L.217-12 of the Consumer Code: "The action resulting from the lack of conformity is prescribed by two years as from the delivery of the goods".

The Seller also remains liable for the redhibitory defects of the goods under the conditions provided for in Articles 1641 to 1649 of the Civil Code.

- Article 1641 of the Civil Code: "The Seller is bound by the warranty on account of hidden defects of the thing sold which render it unfit for the use for which it is intended, or which diminish this use so much that the buyer would not have acquired it, or would have paid a lower price for it, if he had known about them".

- Article 1648 paragraph 1 of the Civil Code: "The action resulting from redhibitory defects must be brought by the purchaser, within two years from the discovery of the defect.

Finally, it is recalled that Article L.217-16 of the Consumer Code provides that "when the buyer asks the seller, during the course of the commercial guarantee which was granted to him at the time of the acquisition or repair of a movable good, for a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period starts from the date of the buyer's request for intervention or from the date the goods in question are made available for repair, if this availability is subsequent to the request for intervention.

When the Customer acts as a legal guarantee of conformity, the latter :

-benefits from a two (2) year delay as from the delivery of the good to act ;

-may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 211-9 of the French Consumer Code;

-is exempted from having to provide proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following delivery of the goods (for any goods purchased from March 18, 2016 at midnight).

The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.

You may decide to implement the warranty for hidden defects, under Article 1641 of the Civil Code. In this case, and in accordance with article 1644 of the same code, you can choose between cancelling the sale or reducing the sale price.

In order to assert its rights, the Customer must inform the Seller in writing (e-mail or mail) of the non-conformity of the Products or the existence of a latent defect.
The Seller shall reimburse, replace or repair the Products or parts under warranty that are found to be non-compliant or defective.
Shipping costs will be reimbursed on the basis of the invoiced price and the return shipping costs will be reimbursed upon presentation of supporting documents.
Reimbursements, replacements or repairs of Products found to be non-conforming or defective will be made as soon as possible and no later than 14 days following the Seller's discovery of the non-conformity or latent defect. This reimbursement may be made by bank transfer or cheque.
The Seller's warranty is, in any event, limited to the replacement or reimbursement of Products that are non-conforming or affected by a defect.

12.2 Disclaimer of Warranties

Products that have been modified, repaired, integrated or added by the Customer are excluded from warranty. The warranty will not apply to apparent defects. The warranty will not cover Products returned damaged during transport or due to improper use.

For any question, remark or complaint, Customer Service is at your disposal:

- By telephone at [04 90 40 49 71] price of a local call,

- By e-mail at: service.client@icko-apiculture.com

- By mail to the following address

Icko Apiculture
Parc d'activités Drôme Sud Provence
Impasse des senteurs
26130 Saint-Paul-Trois-Châteaux

For any request relating to the exercise of your rights concerning your personal data, the Customer may exercise his request by indicating his precise identity at the following address: mesdonnees@icko-apiculture.com.
All applications must be signed and accompanied by a document proving your identity.

13. INTELLECTUAL PROPERTY

The content of the Site is the exclusive property of the Seller in its entirety. This includes, in particular, all the texts but also any logo, image, distinctive sign or graphics of any kind that may be found on the Site.
The Site is protected under intellectual property law and any reproduction, copy, modification, downloading or infringement of any kind, whether in whole or in part, without the express permission of the Seller, is strictly prohibited and exposes its author to prosecution.


14. LIABILITY OF THE SELLER

14.1 Location

It is reminded that the Seller is simply bound by an obligation of means concerning the provision of the Website service. While the Seller undertakes to make its best efforts to maintain continuity in the services offered by the Website, it may not, however, under any circumstances be held liable for breakdowns or problems of a technical nature that may cause a partial or total interruption of the service on the Website.

Furthermore, the Seller reserves the right to interrupt the continuity of the service, in particular in the context of a maintenance operation or for any modification or improvement it deems appropriate. The Seller shall not, under any circumstances, be held liable for any damage that may result from this fact.

It is reminded that the Customer is entirely responsible for the protection of its hardware and computer equipment and shall in no event be liable to the Seller if said equipment or hardware is damaged in the course of using the Site.

14.2 Force majeure

The Seller may, in certain cases, exonerate itself from its liability by demonstrating that the non-performance or improper performance of its obligations under this Agreement is attributable either to the Customer or is due to a case of force majeure, i.e., a fact beyond the Seller's control or any other fact falling within the definition of force majeure under the legislation in force.

15. DISPUTES - FREE ACCESS TO A CONSUMER MEDIATOR

In the event of difficulties in the application of this Agreement, the parties will seek an amicable solution before any legal action is taken. However, in the event of persistent disagreement, the Customer has the possibility, in accordance with the Consumer Code, to call upon a consumer mediator specially appointed for this purpose, free of charge.

The consumer mediator can therefore be contacted at the following address:

Devigny Médiation - 11 rue de l'étang -49220 Thorigné d'Anjou

Or by email at: contact@devignymediation.fr

16. APPLICABLE LAW

In the event of a dispute and if amicable attempts are unsuccessful, the present GTC and the operations resulting from them are subject to French law and the competent courts.

17. PERSONAL DATA

The Seller complies with the regulations in force on the protection of personal data. For more information, please read the personal data policy on the following link: https://www.icko-apiculture.com/politique-de-confidentialite.

18. COOKIES

The Seller is in compliance with the regulations relating to the use of cookies. For more information, please refer to the site's online cookie policy, which appears when you log in.