Preamble
The company IvoireAchat, a public limited company registered with the Paris Trade and Companies Register* under number 424 059 822*, provides on its website www.ivoireachat.com (hereinafter the “Site”) a Marketplace (hereinafter “IvoireAchat”) intended for both individual buyers acting in a private capacity (hereinafter the “Consumer Buyers”) and professionals acting in the context of their professional activity (hereinafter the “Buyers”). (Consumer Buyers and Professional Buyers being collectively referred to hereinafter as “Buyers”). In providing IvoireAchat, IvoireAchat acts as a simple intermediary and hosts the offers of products and services (hereinafter the “Products”) proposed by professional sellers registered on IvoireAchat (hereinafter the “Sellers”) to Buyers. IvoireAchat is in no way a reseller of the Products offered by Sellers on the IvoireAchat Marketplace. Products sold on IvoireAchat are indicated on the product sheets by the mention “Sold by [name of Seller]”, with the mention “SOLD BY”.
Summary
1. Scope of the IvoireAchat General Terms and Conditions of Use
2. Role of IvoireAchat
3. Order Process
3.1 Offers and Orders
3.2 Product Price and Payment
3.3 Suspension and/or Closure of an IvoireAchat Buyer Account
4. Shipping and Delivery
5. Right of Withdrawal
5.1 Principle of the Right of Withdrawal
5.2 Exceptions to the Right of Withdrawal
6. Guarantees
7. Personal Data
8. Mediation for Consumer Buyers
9. Nullity
10. Applicable Law and Dispute Resolution
1. Scope of application of the IvoireAchat General Conditions of Use
These IvoireAchat General Terms and Conditions of Use (hereinafter the “GTC”) apply to any order of Products made by a Buyer from a Seller on IvoireAchat. The applicable GTC are those in effect on the day the order is placed by the Buyer. Placing any order via IvoireAchat is subject to full and unreserved acceptance of these GTC and the Sellers’ General Terms and Conditions of Sale (hereinafter the “GTC”). Sellers alone determine their GTC and are required to comply with the regulations in force.
2. Role of IvoireAchat
IvoireAchat acts as a simple intermediary connecting Sellers and Buyers on IvoireAchat and is not a reseller of the Products offered by the Sellers (clearly identified on the Site, as specified in the preamble, as well as in the basket, by a “Sold By” logo). In application of Law No. 2004-575 of June 21, 2004 for confidence in the digital economy (known as “LCEN”), IvoireAchat cannot be held liable for the content made available on the Site by the Sellers (prices, Product descriptions, Product visuals, etc.) or the Buyers (you will find the policy concerning customer reviews here), unless IvoireAchat does not promptly make them inaccessible after their manifest illegality has been notified to it under the conditions provided for by the LCEN. Consequently, any complaint must be addressed by the Buyer to the Seller, via his Customer Area, in the “My orders” and “Frequently Asked Questions (FAQ)” sections. The Seller is solely responsible for processing complaints and after-sales service related to the Products he sells on the Site via IvoireAchat. IvoireAchat nevertheless reserves the right to intervene in arbitration in the event that the Seller does not provide a response to a request or does not resolve a dispute opened by the Buyer within 2 working days.
3. Order Process
3.1 Offers and Orders
3.1.1 Creating Offers
All IvoireAchat offers are created and completed by Sellers, who are solely responsible for the completeness of the description provided, the conformity of the Product offered with said description, and the determination of the sale price. It is also the Seller’s responsibility to provide information on the condition of each Product they offer for sale. You will find the definition corresponding to each condition here.
3.1.2 Offers intended for professional Buyers
Professional Buyers have access to specific offers reserved for their professional activity either by logging into their professional user account in the customer area or by clicking on the “IvoireAchat Pro” tab accessible on the website www.ivoireachat.com.
Professional Buyers may only hold a single user account.
3.1.3 Ordering process
By clicking on the “Buy” icon during the ordering process, and after having (i) read the T&Cs and the Seller’s return policy indicated by the latter via its Seller store, (ii) checked the content of the order and (iii) where applicable, after having modified it, the Buyer declares that they fully and unreservedly accept all of these T&Cs. After having confirmed the content of their order again (double click) and accepted their obligation to pay for the order, the Buyer will definitively validate their order by their actual payment. The order will only be valid and taken into account upon payment of the price of the Product. The Seller has forty-eight (48) hours to accept the order. IvoireAchat then notifies the Buyer by email of the Seller’s acceptance or failure to respond.The Buyer is informed of the Seller’s acceptance of the order by sending an Order Confirmation email. Upon confirmation by the Seller, the Buyer is debited by IvoireAchat for the amount of the Products purchased. Once the order has been confirmed, the order data will remain accessible to the Buyer in the “My orders” section of the Site. If the Seller fails to respond within forty-eight (48) hours, the Buyer will not be debited for the amount of the order. The Buyer is then informed of the Seller’s failure to respond and of the automatic cancellation of their order. The Buyer is invited to evaluate the Seller’s service in their Customer Area after the sale. The Buyer is required to respect the transparent policy regarding customer reviews. It should be noted that the Seller may reserve the right not to validate an order and/or to suspend the execution of the Buyer’s order, even after sending the Order Confirmation email (as referred to above), for any legitimate reason, in particular in the event that: • the order does not comply with the Seller’s T&Cs and T&Cs; • the quantities of products ordered do not correspond to normal use by a consumer Buyer; • several serious and consistent elements raise suspicion of fraud regarding the order.
3.2 Price and payment of the Product
The price of each Product is indicated in the Product description sheet:
• for Consumer Buyers: the price includes VAT and excludes delivery charges. Where applicable, delivery charges are added to the Product price before final confirmation of the order;
• for Professional Buyers: the price excludes VAT and delivery charges. All taxes and, where applicable, delivery charges are then added to the Product price before final confirmation of the order. It is the Seller’s responsibility to enter the ecotax in the product description sheet. Buyers can pay by credit card in cash or:
• For consumer buyers: in 4 installments, IvoireAchat card, PayPal. To use PayPal, buyers must have a PayPal account. When paying by PayPal, PayPal’s terms and conditions apply. Payment by credit card in 4 installments is available for certain orders. A description of the 4 installment credit card payment service is provided in the IvoireAchat Terms and Conditions, which you can find by clicking here*.
• For professional buyers: by bank transfer. Payment for orders placed via IvoireAchat Marketplace is made to CNOVA PAY*, which collects the funds on behalf of the sellers. Any order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is currently being administered may be refused by IvoireAchat.
3.3 Suspension and/or closure of a IvoireAchat Marketplace Buyer account
In the event of abnormal activity by a Buyer on the Site (such as any activity of a professional nature for consumer Buyers) noted by IvoireAchat or the Seller on the basis of serious and consistent evidence that would raise suspicion of fraud on the part of the said Buyer, IvoireAchat reserves the right to suspend and/or close the account(s) of the Buyer(s) concerned. In this case, the Buyer will receive an information email from IvoireAchat informing them of the closure of their Buyer account.
4. Shipping and Delivery
Certain Products purchased from Sellers may be shipped by IvoireAchat. Certain Products purchased from Sellers may be eligible for the “IvoireAchat” loyalty program (FIVA) under the conditions described in the “IvoireAchat General Terms and Conditions of Sale”. The Products concerned will bear the mention “IvoireAchat à volonté”. If the Seller confirms the order, even partially, it undertakes to ship and deliver or, where applicable, to make available in store, within the timeframes indicated, the available Products in accordance with the terms chosen by the Buyer and to confirm the shipment of the Product(s) on its Seller interface. All the deadlines announced for the delivery or availability at the collection point or store of the products shipped by the Seller are provided directly by the Seller. These deadlines correspond: for delivery (i) to the home for consumer Buyers or (ii) to the address provided (billing or delivery address) for professional Buyers and (iii) for delivery to a collection point: to the processing, preparation and dispatch times for orders, as well as to the delivery time of the carrier used by the Seller;
• For in-store availability: order processing and preparation times. The above-mentioned delivery times begin upon validation of the Product order. The Buyer chooses from the delivery methods offered for each Product. Products purchased from IvoireAchat Sellers may be delivered using the following methods:
• Home delivery for consumer Buyers or to the address provided (billing or delivery address) for professional Buyers: the order is sent to the address provided by the Buyer. The Seller may offer two delivery options: tracked and registered (signature required): o For a Product worth less than €10 including tax: you can order with tracking, or non-tracked if the Seller offers this delivery method; o For a Product worth more than €10 including tax: you can only order with tracking;
• In-store delivery: the order is delivered to the Seller’s store. The Buyer can collect their order as soon as the Seller has received it in their store. When the Product is available in store, the Buyer receives an email informing them that they can collect their Product;
• immediate collection: the Buyer can collect their order, immediately after purchasing on the site, from the Seller’s store. The time frame for making the Product available will be indicated to the Buyer in the order confirmation email. The Buyer will receive a second email specifying the opening hours and the store address. As the Product is available in store, no shipping costs will be applied;
• at a So Colissimo and Mondial Relay® collection point: the order is delivered to a collection point. The Buyer collects their package from the collection point they chose when ordering. The package is handed over in person, upon presentation of proof of identity and the collection slip. In accordance with European regulations, a consumer Buyer residing in a Member State of the European Union may place an order with a marketplace Seller. The Seller has no delivery obligation if they do not usually deliver to that country. Some Sellers are eligible for delivery in Europe; the consumer Buyer is informed of this when placing their order. Finally, when the Consumer Buyer requests the return of his used product in accordance with the provisions of Law No. 2020-105 relating to the fight against waste and the circular economy (known as the “AGEC Law”), and in the event of the Seller failing to implement such a return, IvoireAchat will take care of ensuring this in accordance with its own return terms and conditions (link here)*, which the Consumer Buyer must respect.
5. Right of withdrawal
5.1 Principle of the right of withdrawal
In accordance with the provisions of Articles L. 221-18 et seq. of the French Consumer Code, the Consumer Buyer has a withdrawal period of fourteen (14) calendar days from receipt of the last Product in his order. The Consumer Buyer may return, without having to provide reasons or pay penalties, with the exception of return costs which remain his responsibility, any item, in a condition allowing it to be put back on sale (this assuming that it is returned in its original packaging or, at the very least, in packaging allowing equivalent protection of said item during its return transport) and request a refund. To return one or more Products, the Consumer Buyer must contact the Seller by going to the online Customer Service on the Site. Information concerning his order and payment is available in his Customer Area, in the “My orders” and “Frequently asked questions (FAQ)” sections.By selecting “I wish to withdraw” in the FAQ, the Consumer Buyer accesses the Site’s internal messaging system through which he can send his withdrawal request to the Seller, who will inform him by return email of the terms and conditions for returning the Product. The return of a package must be carefully prepared according to the instructions given by the Seller, it must in particular be returned with all the accessories delivered (cords, guarantees, instructions, software, etc.) in its original packaging or, at the very least, in packaging providing equivalent protection for the Product, and sent to the address of the competent department which has been communicated to the Consumer Buyer by the Seller. For Products such as smartphones, tablets, computers, the data contained in these Products must be deleted and the telephone accounts delinked. The Consumer Buyer has a maximum period of fourteen (14) days to return the Product to the Seller. In accordance with legal provisions, the Seller:
• has fourteen (14) days to reimburse the Consumer Buyer, from the date on which it is informed of the latter’s decision to withdraw;
• may defer the reimbursement until the goods are recovered. IvoireAchat will reimburse the Consumer Buyer on the Seller’s instructions and via the same payment method used to pay for their order. Thus, if the Consumer Buyer paid for their order using a bank card (either in cash or in 4X), IvoireAchat will reimburse the Consumer Buyer by crediting their bank card.
5.2 Exceptions to the right of withdrawal
It is expressly recalled that under Article L. 221-28 of the French Consumer Code, unless otherwise agreed by the Seller, the right of withdrawal cannot be exercised for contracts:
• for the supply of services fully performed before the end of the withdrawal period and whose performance began after the consumer’s express prior consent and express waiver of their right of withdrawal;
• for the supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and which may occur during the withdrawal period;
• for the supply of goods made to the consumer’s specifications or clearly personalized;
• the supply of goods that are likely to deteriorate or expire rapidly;
• the supply of goods that have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
• the supply of goods that, after delivery and by their nature, are inseparably mixed with other items;
• the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on market fluctuations beyond the control of the trader;
• the supply of audio or video recordings or computer software when they have been unsealed by the consumer buyer after delivery;
• the supply of a newspaper, periodical, or magazine; • supply of digital content not supplied on a physical medium, the execution of which has begun after express prior agreement of the Consumer Buyer and express waiver of his right of withdrawal.
6. Guarantees
Sellers must ensure that Buyers exercise the applicable legal guarantees, depending on their status as consumer Buyers or professional Buyers, and may offer additional guarantees such as manufacturer’s guarantees which are then specified in the Seller’s offer commentary. It should be noted that the guarantees offered by IvoireAchat may not be applicable to Products offered by Sellers. For any questions about the guarantees relating to Products offered via IvoireAchat, the Buyer also has the option – before placing an order – to ask a question. The Seller remains liable to the consumer Buyer for the 24-month legal guarantee of conformity (articles L.217-4 et seq. of the Consumer Code) and the guarantee against hidden defects (articles 1641 et seq. of the Civil Code).
7. Personal data
All definitions provided in the IvoireAchat Personal Data Protection Policy are applicable to this paragraph.* • Processing of Buyers’ Personal Data on IvoireAchat: by whom, why and where? In the context of an order by a Buyer on IvoireAchat from a Seller, IvoireAchat and the Seller are separate Controllers, within the meaning of Article 26 of the GDPR, for the processing of the Buyer’s Personal Data collected as part of their order. The Buyer’s Personal Data is collected and processed for the specific Purposes detailed below, for which either the Seller or IvoireAchat is responsible:
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As a general rule, the Buyer’s Personal Data is stored within the European Union. However, given that some of the Sellers or service providers may be located in countries outside the European Union (hereinafter the “Third Countries”), IvoireAchat and/or the Seller may then transfer some of this data to Third Countries. This may particularly be the case to Third Countries for which the European Commission has not assessed the level of compliance. In such a case, IvoireAchat and/or the Seller shall ensure that this transfer is carried out in compliance with the applicable regulations and guarantee an adequate level of protection of the Buyer’s privacy and fundamental rights (in particular through the use of standard contractual clauses of the European Commission). Upon simple request made to the Data Protection Officer, the latter may provide further information to the Buyer regarding these transfers.
• Processing of Buyers’ Personal Data on IvoireAchat: for how long? Buyers’ Personal Data is retained for the time necessary to achieve the processing purposes mentioned above. For the purposes for which IvoireAchat is the Data Controller, Buyers’ Personal Data is retained for the periods indicated in IvoireAchat’s Personal Data Protection Policy. In accordance with the provisions of the GDPR, all Buyers have the right at any time to access, oppose, rectify, delete and transfer their personal data, which they can exercise by writing by mail and providing proof of their identity by contacting us. They can also formulate their specific and general post-mortem directives concerning the retention, deletion and communication of their Personal Data. In the absence of any instructions, the Buyer’s heirs may contact IvoireAchat in order to (i) access the data processing allowing “the organization and settlement of the deceased’s estate” and/or (ii) have the Buyer’s user account on the Site closed and/or object to the continued processing of their Personal Data. In any event, the Buyer has the option to inform us, at any time, that they do not wish, in the event of death, for their Personal Data to be communicated to a third party. Processing of Buyers’ Personal Data on IvoireAchat: for how long? Buyers’ Personal Data is retained for the time necessary to achieve the processing purposes mentioned above. For the purposes for which IvoireAchat is the Data Controller, Buyers’ Personal Data is retained for the periods indicated in IvoireAchat’s Personal Data Protection Policy. In accordance with the provisions of the GDPR, all Buyers have the right at any time to access, oppose, rectify, delete and transfer their personal data, which they can exercise by writing by mail and providing proof of their identity by contacting us. They can also formulate their specific and general post-mortem directives concerning the retention, deletion and communication of their Personal Data. In the absence of any instructions, the Buyer’s heirs may contact IvoireAchat in order to (i) access the data processing allowing “the organization and settlement of the deceased’s estate” and/or (ii) have the Buyer’s user account on the Site closed and/or object to the continued processing of their Personal Data. In any event, the Buyer has the option to inform us, at any time, that they do not wish, in the event of death, for their Personal Data to be communicated to a third party.
COMPLEMENT
Article 1 -Preamble
These general terms and conditions of use provide a legal framework for the use of the IvoireAchat website and its services.
These general terms and conditions of use must be accepted by all Users, and access to the website constitutes acceptance of these terms and conditions.
Article 2 – Changes and Duration of the General Terms and Conditions
These general terms and conditions of use are entered into for an indefinite period. The contract becomes effective for the User from the start of use of the service.
The IvoireAchat website reserves the right to modify the clauses of these general terms and conditions of use at any time and without justification.
Article 3 – Access to the Site
Any User with internet access may access the Ivoire Discount site free of charge and from anywhere. Any costs incurred by the User to access it (internet connection, computer equipment, etc.) are not the responsibility of the Publisher.
The site and its various services may be interrupted or suspended by the Publisher, particularly for maintenance purposes, without prior notice or justification.
The User of the site has access to the following services: Various products.
The site includes a member area reserved for registered users. Users can access it using their login credentials.
The services reserved for members are as follows: Account creation.
Article 4 – Responsibilities
The Publisher shall not be liable in the event of a failure, breakdown, difficulty, or interruption of operation preventing access to the site or any of its features. The connection equipment used to connect to the site is the sole responsibility of the User, who must take all appropriate measures to protect the equipment and data, particularly from viral attacks via the Internet. The user is also solely responsible for the sites and data he or she consults. The Publisher cannot be held liable in the event of legal action against the User:
Due to the use of the site or any service accessible via the internet:
Due to the User’s failure to comply with these general conditions.
The Publisher is not liable for any damage caused to the User, third parties, and/or the User’s equipment as a result of their connection to or use of the site, and the User waives any action against the Publisher in this regard.
If the Publisher becomes the subject of amicable or legal proceedings due to the User’s use of the site, the User may take action against the Publisher to obtain compensation for any damages, sums, penalties, and costs that may arise from such proceedings.
The User is permitted to publish on the IvoireAchat site:
Comments:
Texts.
Photos:
Videos,
Products
The User agrees to use his or her comments in a manner that is respectful of others and the law and accepts that these publications may be moderated or rejected by the Publisher, without the need for justification.
By posting on the site, the user grants the publishing company the non-exclusive and free right to represent, reproduce, adapt, modify, disseminate, and distribute his or her publication directly or through an authorized third party. The Publisher, however, agrees to cite the member in the event of use of his or her publication.
Article 5 – Intellectual Property
All technical documents, products, photographs, texts, logos, drawings, videos, etc., are subject to copyright and are protected by the Intellectual Property Code. When provided to our customers, they remain the exclusive property of IvoireAchat, the sole holder of the intellectual property rights to these documents, which must be returned to IvoireAchat upon request.
Our customers undertake not to make any use of these documents that could infringe the industrial or intellectual property rights of the supplier and undertake not to disclose them to any third party, without express prior authorization given by the Publisher.
Article 6 – Hyperlinks
The creation by the User of any hyperlinks to all or part of the site is strictly prohibited, except with the prior written authorization of the Publisher, requested by email at the following address: Contact@ivoireachat.com.
The Publisher is free to refuse authorization without having to justify its decision in any way. In the event that the Publisher grants its authorization, it is in all cases only temporary and may be withdrawn at any time, without the Publisher being required to provide a justification.
In all cases, any link must be removed upon simple request from the Publisher.
Any information accessible via a link to other sites is not under the control of the Publisher, which declines all responsibility for their content.
Article 7 – Protection of Personal Data
Data Collected
The following personal data is collected on this website:
Account opening: when creating a user account: last name, first name, email address, telephone number, postal address
Login: when the user logs into the website, the website records, among other things, their last name, first name, login data, usage data, location data, and payment data;
Profile: Using the services provided on the website allows you to complete a profile. This may include an address and telephone number;
Payment: When paying for products and services offered on the website, the website records financial data relating to the user’s bank account or credit card.
Communication: When the website is used to communicate with other members, data concerning the user’s communications is temporarily stored.
Cookies: Cookies are used as part of using the website. The user can disable cookies through their browser settings.
Use of Personal Data
The personal data collected from users is intended to provide and improve the website’s services and maintain a secure environment. More specifically, the uses are as follows:
Access and use of the website by the user;
Management of the operation and optimization of the website;
Organization of the terms of use of the Payment Services;
Verification, identification, and authentication of data transmitted by the user:
Proposal to the user of the possibility of communicating with other users of the website,
Implementation of user support,
Personalization of services by displaying advertisements based on the user’s browsing history and preferences;
Prevention and detection of fraud, malware (malicious software), and security incident management;
Management of potential disputes with users:
Sending commercial and advertising information based on user preferences.
Sharing of personal data with third parties
Personal data may be shared with third-party companies in the following cases:
When the user uses payment services, the website interacts with third-party banking and financial companies with which it has entered into contracts to implement these services;
When the user publishes publicly accessible information in the website’s free comment areas.
When the user authorizes a third-party website to access their data:
When the website uses the services of service providers to provide user support, advertising, and payment services. These service providers have limited access to the user’s data, as part of the performance of these services, and are contractually obligated to use them in compliance with the provisions of applicable regulations regarding the protection of personal data;
If required by law, the website may transmit data to respond to complaints filed against the website and to comply with administrative and judicial procedures; If the website is involved in a merger, acquisition, sale of assets or bankruptcy proceedings, it may be required to transfer or share all or part of its assets, including personal data. In this case, users would be informed before personal data is transferred to a third party.
Security and Confidentiality
The website implements organizational, technical, software, and physical digital security measures to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the internet is not a completely secure environment, and the website cannot guarantee the security of the transmission or storage of information over the internet.
Exercise of User Rights
In accordance with the regulations applicable to personal data, users have the following rights, which they may exercise by sending a request to the following address: contact@ivoireachat.com
The right of access: Users may exercise their right of access to know their personal data. In this case, when exercising this right, the website may request proof of the user’s identity to verify its accuracy.
The right of rectification: If the personal data held by the website is inaccurate, they may request that it be updated.
The right to data deletion: Users may request the deletion of their personal data in accordance with applicable data protection laws.
The right to restriction of processing: Users may request the website to restrict the processing of personal data in accordance with the provided circumstances.
The right to object to data processing: Users may object to their data being processed in accordance with the provisions of the Data Protection Act.
The right to data portability: They may request that the website provide them with the personal data provided to it for transmission to a new entity.
Changes to this clause
The website reserves the right to make any changes to this personal data protection clause at any time. If a change is made to this personal data protection clause, the website undertakes to publish the new version on its website. The website will also inform users of the change by email, at least 15 days before the effective date. If the user does not agree with the terms of the new version of the personal data protection clause, they have the option to delete their account.
Article 8 – Cookies
The IvoireAchat website may automatically collect standard information. All information collected indirectly will only be used to track the volume, type, and configuration of traffic using this site, to develop its design and layout, and for other administrative and planning purposes, and more generally to improve the service we offer you.
Article 9 – Applicable Law
These general terms and conditions of use are subject to the application of French law.
If the parties fail to resolve a dispute amicably, the dispute will be submitted to the jurisdiction of the French courts.
Invalidity. In the event that any of the provisions of these Terms and Conditions are deemed illegal or unenforceable by a court decision, the other provisions will remain in force.
Applicable Law and Dispute Resolution. These Terms and Conditions are governed by French law. Any dispute relating thereto will be submitted to the French courts.
IVAC Terms and Conditions
My Customer Area GENERAL PREAMBLE
This site is operated by:
IvoireAchat
Public limited company with a share capital of €642,912.78*
Registered with the Bordeaux Trade and Companies Register under number B 424 059 822*
Represented by Mr. Ismael Niare, as Managing Director
Registered office: Paris, Île-de-France – 75012 France (administrative office only; no packages should be returned to this address)
The ivoireachat.com website offers services reserved for individuals acting as consumers.
Any order placed remotely by an individual acting as a consumer is governed by the “General Terms and Conditions of Sale – Consumer Customer”, available immediately below.
PREAMBLE Contact Information
Contact Information:
For any information or advice, you can contact IvoireAchat via our Advice Line from France at 0760898787 (0.70 cents/min + call charge)*, Monday to Friday, 9am to 8pm, and weekends and public holidays, 9am to 6pm.
To place an order, you can:
visit the website www.ivoireachat.com,
use the IvoireAchat app for smartphones or tablets,
– or call: – from France at 0760898787 (0.70 cents/min + call charge), Monday to Friday, 9am to 8pm, and weekends and public holidays, 9am to 6pm;
To track your order and receive after-sales service, you can contact us: – Online, through your Customer Area. Information about your order, payment, delivery and after-sales service is available in your Customer Area, in the “My Orders” and “Frequently Asked Questions (FAQ)” sections; – By phone from Monday to Friday from 9 a.m. to 8 p.m. and Saturday from 9 a.m. to 6 p.m.: from France on 09 70 80 90 50 (non-premium rate number); – By mail: ivoireachat.com / SGPN Customer Service BP 90200 93472* Corbeil Essonnes, FRANCE (Please do not return any packages to this address). In order to optimize the processing of your requests, remember to indicate in all your correspondence, regardless of the channel used: your last name, first name, email address with which you placed your order and the number of the order concerned.
Article 1: SCOPE OF APPLICATION
1.1 Scope of Application
These general terms and conditions of sale (hereinafter “GTC”) apply to any order placed remotely by a natural person with legal capacity and acting personally as a consumer with IvoireAchat, either directly on the IvoireAchat website accessible at the following address: www.ivoireachat.com, or via an IvoireAchat application for smartphones or tablets (hereinafter collectively the “Site”), or by telephone: • from France to 3979 (0.70 cts€/min + call price); • from Belgium (toll-free number); • from Italy to (toll-free number); • from Germany to (toll-free number); • from Spain to (toll-free number); • from Luxembourg to (toll-free number); • from Austria to (toll-free number); • from Ireland to (toll-free number); • from the Netherlands to (freephone number); • from Portugal to (freephone number).
1.2 Exclusions
The Terms and Conditions do not apply:
These Terms and Conditions may be modified at any time by IvoireAchat. It is your responsibility to review and formally accept them before placing any order.
The applicable Terms and Conditions are those appearing on the Website at the time of your order.
Any order placed on the Website implies full, unreserved, and unconditional acceptance of the Terms and Conditions in effect at the time of said order.
Article 2: PRICE INFORMATION
2.1 Prices of Products and Services
The price of products and services (excluding delivery charges) is as indicated on the corresponding product sheet, accessible on the Website. IvoireAchat reserves the right to modify the price of its products and services at any time, in accordance with applicable legislation. The products or services you order will be billed based on the price in effect on the Website at the time your order is confirmed. As IvoireAchat does not reserve inventory (except in the specific case of products marked as “pre-order” on the product sheet), adding a product or service to your shopping cart does not guarantee the availability of said product or service or its price.
You can view the delivery charges applicable to your order by consulting the page dedicated to delivery methods and charges.
2.2 Reference Price
2.2.1 “Price Reduction Announcements”
For any price reduction announcement for a product offered on the Site, we indicate the “Lowest Price in 30 Days” as the reference price. In accordance with Article L.112-1-1 of the French Consumer Code, the “Lowest Price in 30 Days” corresponds to the lowest previous price charged by the professional to all consumers on the Site during the thirty (30) days preceding the application of the price reduction. In certain cases only, we may mention, in addition to the “Lowest Price in 30 Days,” a “pre-discount price,” corresponding to the last price actually charged on the Site before the price reduction.
2.2.2 “Comparison Prices” The comparison price for a product or service offered on the Site may be:
The “Recommended Price by the Brand/Manufacturer in xx/xxxx”: is the **price at which the manufacturer, brand, or its official representative (including the importer or distributor of the products) offers/recommends us to sell the product they supply to us. The date indicated next to the recommended price is the date from which this price is communicated to us by the manufacturer, brand, or its official representative. This price is updated as soon as the manufacturer, brand, or its official representative communicates a new recommended price for the product in question.
The “Average Price on our Marketplace”: is the average selling price that professional sellers charge on our IvoireAchat Marketplace for the same product. This price is calculated automatically once a week. The “Average Price on a selection of up to 37 sites”: is the average selling price at which the same product is sold by a panel of e-commerce websites competing with ours, which may include between 2 and 37 websites. This price is set by a professional service provider, independent of our company;
Article 3: ORDERS
3.1 Availability of Products and Services
Our product and service offers are valid while stocks last. The availability of products and services is indicated on each product page.
If, despite our best efforts, a product or service becomes unavailable after your order has been confirmed, IvoireAchat will notify you by email and will refund the price of the product or service originally ordered, as well as any amount paid for your order. However, if your order contains other available products or services, these will be delivered to you, and the delivery costs will not be refunded.
3.2. Ordering Procedures
Orders can be placed with IvoireAchat: – Online at www.ivoireachat.com; – Online via the IvoireAchat apps for smartphones or tablets; – By phone by calling: – from France at 0760898787 (€0.70 cts/min + call charge) Monday to Friday from 9 a.m. to 8 p.m. and on weekends and public holidays from 9 a.m. to 6 p.m.;
No order sent to IvoireAchat by any other means, including mail or fax, will be processed.
When placing your order, you must confirm it using the “double-click” technique: after selecting and adding products and/or services to your cart, you must:
check your cart and, if necessary, correct its contents (e.g., identification and quantity of selected products, corresponding prices, delivery terms and costs);
validate your cart;
accept the General Terms and Conditions and your obligation to pay for the order.
The sale of alcoholic beverages to minors is prohibited.
3.3 Order Processing
Once your order has been placed in accordance with Article 3.2, IvoireAchat will acknowledge receipt by sending you an order confirmation email including:
a summary of your order, its order number, and these Terms and Conditions.
This email will be sent to the email address you use to log in to your Customer Account. If you do not receive the email mentioned above, we recommend contacting our Customer Service.
However, IvoireAchat reserves the right not to accept an order or not to validate your order and/or to suspend the execution of your order, even after sending the confirmation email (as referred to above) for any legitimate reason, in particular in the event that: – your order does not comply with the General Terms and Conditions; – the quantities of products ordered do not correspond to normal use by a customer acting as a consumer; – one of your previous orders has not been fully paid on time; – a dispute relating to the payment of one of your previous orders is being processed; – several serious and consistent elements raise suspicions of fraud on your order; – the same payment instrument is used extensively and simultaneously by several users and is likely to cause a malfunction of the site.
IvoireAchat also reserves the right, due to limited supply of a product, particularly due to a shortage of components/spare parts, and to combat any fraudulent speculation on this product, to limit purchases to one (1) order per household over the last six (6) months (e.g., game consoles).
3.4 Suspension/Closure of a Customer Account by IvoireAchat
In the event of abnormal activity by a customer on the Site noted by IvoireAchat based on serious and consistent evidence that raises suspicion of fraud on the part of the said customer, IvoireAchat reserves the right to suspend and/or close the customer account(s) concerned. In this case, the customer will receive an email from IvoireAchat informing them of the closure of their customer account. IvoireAchat reserves the right to initiate appropriate legal proceedings to compensate for any damage it may have suffered as a result of proven fraudulent activity.
3.5 Fraudulent Practices and Promotional Discounts.
Any repeated or infrequent action by the customer intended to wrongfully benefit from a promotional discount (promo code, discount voucher, etc.), such as partial order cancellations in order to unduly retain a promotional discount, will be considered fraudulent. As such, IvoireAchat reserves the right to refuse to validate the order, to suspend its execution, or to suspend or close the customer account in accordance with Article 3, causing the customer to permanently lose the benefit of the associated promotional discount (immediate or deferred).
Notwithstanding the foregoing, IvoireAchat reserves the right to initiate any recovery action against any customer who has wrongfully benefited from promotional discounts and/or through fraudulent actions, in order to recover the amounts unduly received on the basis of Article 1302-1 of the French Civil Code.
Article 4: PAYMENT TERMS
4.1. Payment Methods
The payment methods listed below may be offered by IvoireAchat:
(i) Bank cards: Visa, Mastercard.
(ii) Payment in 4 installments: Payment in 4 installments can be made by credit card in accordance with the general terms and conditions for payment in 4 installments, which you should read when placing your order. Payment in 4 installments is not systematically offered to all our customers and/or for all orders. We implement an automated individual decision to identify customers and orders eligible for payment in 4 installments. (iii) Flash Payment: This system allows you, for credit card payments, to no longer enter your Payment Card number for future orders placed on the Website and delivered to the address(es) associated with your Payment Card number. Please note: your Payment Card number is fully visible when you enter it, but only the last 4 digits will be visible in your IvoireAchat Customer Account. The flash payment service is completely secure; learn more about Flash Payment.
(iv) IvoireAchat Card: The IvoireAchat Card is a payment and credit card affiliated with the MasterCard network. For each purchase, you have the choice of paying in cash or on credit. Your subscription to the IvoireAchat Card is subject to acceptance by…
A loan is a commitment and must be repaid. Check your repayment capacity before committing.
(vii) By Paypal: You can pay for your order by PayPal, up to a limit of 1000 euros. To use this payment method, you must have an account with PayPal. When paying by PayPal, PayPal’s general terms and conditions of use apply. They can be accessed by clicking here. (viii) By vouchers: It is possible to use vouchers issued by IvoireAchat to pay for all or part of your order. These vouchers can only be used once. In the event that a customer attempts to fraudulently use one of their vouchers multiple times, the orders affected by this fraud will be automatically canceled by IvoireAchat. (x) PAYLIB payment: You can also pay for your order via the PAYLIB application on your phone. To use this payment method, you must download and create an account on your bank’s application. In the event of payment by PAYLIB, the general conditions of use of PAYLIB apply.
(xi) By gift card(s): You can also use one or more gift cards. (xii) Payment by secure transfer: This payment method is only available for payments made through the IvoireAchat collection platform. You can settle your order by bank transfer by validating your transfer request directly from your bank’s interface, using the Bridge solution. (xiii) By IvoireAchat e-gift card, subject to the following conditions: – The equivalent value of the IvoireAchat e-gift card cannot be split: the IvoireAchat e-gift card cannot be split and cannot be converted into cash. It must be used in its entirety and in a single payment. – The e-gift card is valid and can be used on the website www.ivoireachat.com.
General Information
IvoireAchat reserves the right not to offer one or more of the above payment methods for any legitimate reason, particularly in the event that: – the payment partner no longer offers the service in question; – one of your previous orders has not been paid in full by the due date or a dispute relating to the payment of one of your previous orders is being processed; – several serious and consistent elements raise suspicions of fraud regarding your order.
If you use a third party’s bank details on the Site, you guarantee to IvoireAchat that you have the necessary rights to use the payment card for which you are not the cardholder.
In the event that the customer receives an undue refund from IvoireAchat (for example, a non-compliant return in the context of exercising the right of withdrawal, etc.), IvoireAchat reserves the right to recover the amounts owed, by any means, as the initial payment for the order in question.
4.2. Invoices
By placing an order on the Site, you agree to have your purchase invoice sent to you electronically.
Article 5: PAYMENT SECURITY AND FRAUD CONTROL
Online payments on the Website or by telephone to IvoireAchat are made via a secure payment platform, supplemented by control measures specific to each payment method, to ensure the security of purchases made on the Website and to combat fraud. The bank details provided when you place your order are encrypted using the Secure Socket Layer (SSL) protocol.
IvoireAchat has developed a partnership to protect you when you place an order on www.ivoireachat.com. To this end, it collects, via a cookie, a device identifier (also called a “Device”) to monitor your orders as part of its anti-fraud efforts. This identifier is generated from technical information relating to the equipment you use when placing an order on the Website.
Article 6: SHIPPING AND DELIVERY
When you place your order, IvoireAchat may offer you different delivery methods, depending in particular on the size of your package and your delivery address. IvoireAchat does not deliver to military bases or armies, which are the customer’s responsibility. Delivery conditions, fees, and times vary depending on the delivery method you choose.
You will be informed, when you place your order, of the available delivery methods as well as the applicable delivery times and rates.
For the purposes of this article: – Small products are defined as products weighing less than 30 kg and products whose total width, height, and length are less than 2 m. However, IvoireAchat reserves the right to classify a product differently to ensure better delivery quality.
Large products are defined as products weighing more than 30 kg and products whose total width, height, and length are greater than 2 m. However, IvoireAchat reserves the right to classify a product differently to ensure better delivery quality.
6.1 Delivery Methods and Costs
IvoireAchat may offer you various delivery methods.
Delivery of certain products or to certain areas may result in additional charges.
The total delivery costs for your order are indicated when you place your order.
6.1.1 Small Products
DELIVERY TO THE ADDRESS OF YOUR CHOICE
For delivery of your small products to the address of your choice, IvoireAchat may offer you one or more delivery methods depending on the delivery country.
6.1.2 Large Products (only in France and Belgium)
DELIVERY TO THE ADDRESS OF YOUR CHOICE
Large products are delivered by appointment to the address of your choice.
Appointments can be made either:
online via our calendar, by choosing a delivery date and time slot that suits you (service available depending on geographic availability); or by our carrier, within 48 to 72 hours of confirming your order.
You will be contacted 30 minutes before the delivery driver(s) arrive. Upon delivery, the driver(s) will request ID.
Depending on the delivery method selected, and in the case of exceptionally heavy or bulky products, we encourage you to verify the feasibility and ease of delivery (for example, check the dimensions of your stairwell or elevator beforehand). To be considered, access conditions must be provided on the questionnaire sent by email when confirming the appointment, or clarified by telephone with the carrier (examples: time restrictions in the city center, spiral staircase, etc.).
In case of no-show, a delivery notice will be left inviting you to reschedule.
If you are in mainland France and would like to have your old large product (household appliances and electronics, televisions, furniture, bedding, and sofas) returned, you can request it directly from the delivery person upon delivery, if applicable (excluding items delivered by the AGEDISS carrier; the return option will be confirmed by email once your order has been placed. For Corsica, the return request must be made before delivery). Returns will be made at the same location as the new product, depending on the delivery option selected when ordering, i.e., in the room of your choice, in front of your home, or at the foot of your building, if it is an apartment building.
You have several options for delivery to the address of your choice:
– Eco Delivery (delivery to your door): Eco delivery of ordered products is made by appointment, to the address indicated when ordering. The delivery person will unload your package and drop it off:
– either at your gate for a house, or at the foot of your building for an apartment building.
For this delivery method, you will be asked for proof of identity. If you return your old device, the product must be made available at the same location.
Delivery of the package to your home remains your responsibility. We encourage you to carefully measure the various access points to accommodate your package(s).
Unpacking the package and handling the packaging are your responsibility.
The delivery areas covered by eco-friendly delivery are: mainland France excluding Corsica. For the islands, delivery is available to the Île d’Oléron, Île de Ré, Île de Noirmoutier, and the Quiberon peninsula. For all other islands, packages are dropped off at the ferry terminal. The complete terms and conditions applicable to this delivery method are available.
Standard Delivery (to the room of your choice): Delivery of the ordered products is made by appointment. One or more delivery personnel will unload your package and carry it inside your home, to the room of your choice. However, this service does not include unpacking, installation, connections, and adjustments of your device, which remain your responsibility.
All delivery areas are covered by standard delivery.
Comfort Delivery of household appliances and televisions (Delivery and installation to your home) (France only): Only household appliances and televisions are eligible for this delivery method (excluding range hoods and cooktops).
Delivery of ordered products is by appointment only. One or more delivery personnel will unload your package, drop it off, and unpack it inside your home, in the room of your choice. Installation and commissioning tests will be performed.
However, our delivery personnel are not authorized to perform carpentry, plumbing, and/or electrical work. For example, in the case of built-in products, the delivery personnel will not install or fit the product door to the existing kitchen cabinetry. For televisions, the service includes commissioning, connecting existing peripherals, and channel searches, but does not include wall mounting.
It is your responsibility to provide any accessories not included (e.g., cables for an electric oven or stove, gas hose for a gas stove, water hose for certain American-style refrigerators, and HDMI cable for a television).
Direct delivery by the supplier (France only): Some of our products can be delivered directly by our suppliers. Specific shipping charges may apply to this type of product.
PICK-UP POINT DELIVERY (France only)
Products ordered will be delivered to a location near your home or workplace.
When you select this delivery method, you will be informed that your package will be made available at the Pick-up Point for a limited period of 15 calendar days. After this period, the package will be returned to IvoireAchat without your refunded products*.
Your package will then be delivered to you in person. To collect it, please bring your ID. If you are unable to make it, a person of your choice may collect your package, provided they present both your ID and their own.
To facilitate loading into your vehicle, handling equipment may be made available (subject to availability). We encourage you to carefully check that your vehicle can accommodate your package. You will find the specifications of your package on the product page.
We encourage you to check the condition of your package’s packaging before accepting it by signing the paper or electronic delivery slip. You are not authorized to unpack the product at the collection point. If you notice damage to the packaging but still wish to collect the package, we encourage you to make specific reservations on the delivery slip.
If you would like to have your old device returned (WEEE only), you can contact us directly online.
6.2 Delivery
6.2.1 Delivery Date
The delivery date for each product is indicated and may vary depending on the delivery method selected.
If your order contains multiple products with different delivery times, the delivery time for your order will be the longest delivery time.
For certain products, IvoireAchat offers express delivery:
Same day home delivery (select a 2-hour evening time slot) for orders placed before 2 p.m. and the next day (select a 2-hour evening time slot) for orders placed after 2 p.m. Same-day express delivery areas include all departments in the Île-de-France region (75, 92, 93, 94, and 95 in their entirety, and 77, 78, and 91 with some exceptions), Lyon, and Villeurbanne. You can select a delivery date and time slot directly online using our calendar.
Your product will be delivered to the room of your choice. However, this service does not include unpacking, installation, connection, or setup of your device.
Within a maximum of 72 business hours (excluding pre-ordered products), delivery to your home or express collection point (depending on geographic eligibility).
6.2.2 Areas Served: IvoireAchat delivers orders everywhere. Some products cannot be delivered to Corsica or abroad. You will be informed of your product’s eligibility for delivery to Corsica when you place your order.
6.2.3 Delayed Delivery: In the event of a delivery delay, IvoireAchat will endeavor to inform you. You can also report the delivery delay yourself via your Customer Area or by contacting our Customer Service. IvoireAchat undertakes to take all necessary steps to determine the cause of the delay and find an appropriate solution to ensure the effective delivery of the ordered products as quickly as possible.
6.2.4. Contact
To track your order and receive after-sales service, you can contact us:
Online, through your Customer Area. Information regarding your order, payment, delivery, and after-sales service can be accessed in your Customer Area, under “My Orders” and “Frequently Asked Questions (FAQ)”; By phone: – from France at 0760898787 (non-premium rate number), Monday to Friday, 9 a.m. to 8 p.m. and Saturday, 9 a.m. to 6 p.m.;
By mail: ivoireachat.com / SGPN Customer Service BP 90200 93472 Corbeil Essonnes, FRANCE (Please do not return packages to this address).
To optimize the processing of your requests, remember to include your first and last name, the email address you used to place your order, and the order number in all correspondence, regardless of the channel used.
6.3 Delivery of Coupons
Regarding the sale of vouchers to purchase products and/or obtain services directly from IvoireAchat partners (hereinafter the “Vouchers”), these will be delivered to you by IvoireAchat within forty-eight (48) hours of payment validation. The Coupons will be delivered electronically.
Article 7 : RECEPTION
7.1 Missing Accessories and/or Parts: Upon receipt or collection of your order, you must check that your product is complete (including its accessories).
If you notice that some accessories of the ordered product are missing from your package, please contact IvoireAchat Customer Service no later than three (3) calendar days after receipt of your order so that we can process your claim.
7.2 Damaged Delivered Products
Upon receipt or collection of your order, you must check the condition of the package(s) received and report any non-compliance on the delivery slip or refuse delivery.
If, after accepting the package, you notice that the ordered product is damaged, you can notify us: by contacting IvoireAchat Customer Service; or by logging into your Customer Area. and this, at the latest within fourteen (14) calendar days after receipt of your order.
Article 8: WITHDRAWAL
8.1 Principle
In accordance with Articles L. 221-18 et seq. of the French Consumer Code, you have a period of fourteen (14) days from the day after receipt of the last product in your order to exercise your right of withdrawal without having to provide a reason or pay a penalty.
The return of products is your responsibility and at your expense.
Any damage to the products during this period will invalidate your right of withdrawal.
Regarding Coupons, you may only exercise your right of withdrawal if your Coupon has not been used.
Products sold as a “Pack”: The right of withdrawal is only possible for the entire pack, as described on the product sheet, including all its component products.
For products that cannot be returned by post due to their nature and/or size, you will find, in accordance with current regulations, an estimate of the return costs from France, from a carrier, which you will have to pay in order to return your product to us.
The return shipping costs are calculated based on the type of product and the distance the carrier must travel to retrieve the product and return it to the warehouse.
IvoireAchat will not, under any circumstances, cover the costs charged by the carrier.
8.2 Conditions for exercising the right of withdrawal
To exercise your right of withdrawal, you must notify us of your decision to withdraw from your order within the period indicated in Article
8.1. This notification must be made in writing, by any means, including:
a) Via your Customer Area: To facilitate the exercise of your right of withdrawal, IvoireAchat has implemented a simple procedure: go to your customer account and click on “My Orders” then on the “Contact Customer Service” button.
Select your order and click on “I wish to cancel this product” in the “I just received my package(s)” section, then follow the instructions. To ensure optimal and faster processing of requests, the right of withdrawal is separated and individualized; therefore, each product in the same order must be subject to a separate return request and must be stored in a separate return package.
Upon receipt of your cancellation request, and if it complies with the General Terms and Conditions, IvoireAchat will offer you: – a prepaid voucher to return the product in question. If applicable, the amount of this prepaid voucher will be deducted from the refund issued by IvoireAchat for the cancellation; or – the option to return the product in question yourself.
In all cases, we will send you a return agreement containing a return number and specifying the terms and conditions for returning your package. We recommend printing and affixing this return number to the package to ensure faster processing of your request.
You agree to return the products you have withdrawn from to IvoireAchat within 14 calendar days of notifying us of your decision to withdraw.
If a single order contains multiple products, delivered in separate packages, the return of the products covered by a withdrawal request must be made separately according to the terms set out in paragraph
8.2. For better processing of withdrawal requests, each product in the same order that is the subject of a withdrawal request must be returned in a separate package.
In the event that a right of withdrawal is exercised for a product that has benefited from a fully executed assembly service, the performance of which began after the customer’s express prior agreement and express waiver of their right of withdrawal; you will be reimbursed for all sums paid with the exception of those corresponding to the fully executed assembly service and any financial depreciation of the product which could be attributed to you under the conditions below. In accordance with the provisions of Article L. 221-23 of the Consumer Code, you are responsible for the handling of the goods and the depreciation of their value during the withdrawal period.
In this respect, IvoireAchat reserves the right to hold you liable in the event of depreciation of products returned in the context of exercising the right of withdrawal, resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of these products. Any visible trace on any product previously assembled and assembled, by yourself or following an assembly service, then disassembled by you or any other person outside IvoireAchat, such as traces of screws, nails, scratches or a torn part of the product (without this list being exhaustive) will be considered as depreciation of the product, which will then become unfit for sale, and IvoireAchat reserves the right to charge the customer the financial cost relating to this depreciation.
8.3 Exceptions
In accordance with Article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for: – Services fully performed before the end of the fourteen-day withdrawal period with your express prior consent, and express waiver of your right of withdrawal – Goods made to your specifications or clearly personalized;
Goods that are likely to deteriorate or expire quickly. Goods that have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection: this is the case, for example, of textile items delivered with hygiene seals (underwear, swimwear, etc.) when these have been removed, products in the Jewelry department such as piercings and earrings, etc. Goods that, after being delivered and by their nature, are inseparably mixed with other items; Audio or video recordings or computer software when they have been unsealed by the consumer: this is the case, for example, for products delivered with software when you have unsealed and/or installed this software The supply of newspapers, periodicals or magazines;
Downloads of digital content not supplied on a physical medium, the performance of which has begun after the consumer’s express prior consent and express waiver of their right of withdrawal;
The sale of travel and leisure activities that must be provided on a specific date or within a specific period (e.g., concert tickets). In accordance with Article L221-25 of the French Consumer Code: “If you have requested to begin the provision of services during the withdrawal period, you must pay us an amount proportional to what has been provided to you up to the time you informed us of your withdrawal from this contract, in relation to all the services provided for in the contract.”
8.4 Refunds in the event of a withdrawal
Following your withdrawal request, IvoireAchat, in accordance with legal provisions, will refund you within 14 days of notification of your withdrawal request.
If you do not receive your product or provide proof of shipment within this period, IvoireAchat reserves the right to defer your refund until the day you receive your product.
IvoireAchat will refund you using the same payment method used on the day you placed your order, unless the payment method used does not allow it.
Thus, if you paid for your order using a credit card (in cash or in 4 installments), IvoireAchat will refund you by crediting your credit card.
Article 9: WARRANTIES
9.1 Legal Warranties
For products sold directly by IvoireAchat (excluding products sold by sellers registered on the IvoireAchat Marketplace), IvoireAchat is liable for defects in conformity of the goods with the contract under the conditions of Article L. 217-3 et seq. of the French Consumer Code and for hidden defects in the item sold under the conditions set out in Articles 1641 et seq. of the French Civil Code. Regarding the warranty against hidden defects, the consumer may decide to invoke this warranty within the meaning of Article 1641 of the French Civil Code and, in this case, may choose between cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the French Civil Code.
Please note: for products purchased from a Marketplace seller, you must contact the seller in question to exercise your rights, as IvoireAchat cannot act as a substitute for the seller. It is recalled that the consumer, within the framework of the legal guarantee of conformity:
has a period of two years from delivery of the goods to take action; – may choose between repair or replacement of the product, subject to the cost conditions provided for in Article L. 217-12 of the Consumer Code; – is exempt from providing proof of the existence of the defect: the defects are therefore presumed to exist at the time of delivery unless this presumption is incompatible with the nature of the product or the defect claimed.
– for products ordered before 01/01/2022: – if the product is new: within 24 months of receiving the product – if the product is used (including goods identified as “web clearance specifics”): within 6 months of receiving the product. – for products ordered from 01/01/2022: – if the product is new: within 24 months of receiving the product. – if the product is used (including goods identified as “web clearance specifics”): within 12 months of receiving the product. – Any product repaired under the legal guarantee of conformity benefits from a 6-month extension. – As soon as the consumer chooses the repair but this is not implemented by the seller, compliance by replacing the goods starts, for the benefit of the consumer, a new period of legal guarantee of conformity attached to the replaced goods. – Any period of immobilization of the product during the warranty period suspends the remaining warranty until the product is delivered and restored to conformity.
The legal guarantee of conformity applies regardless of any commercial warranty that may cover your product.
To benefit from the legal guarantee of conformity or the warranty against hidden defects for a product sold directly by IvoireAchat, contact our Customer Service:
By visiting our online Customer Service: information regarding your order, payment, delivery, and after-sales service is available in your Customer Area, under the “My Orders” and “Frequently Asked Questions (FAQ)” sections;
By phone Monday to Friday from 9 a.m. to 8 p.m. and Saturday from 9 a.m. to 6 p.m.: – from France on 0760898787 (non-premium rate number);
To optimize the processing of your call, please be sure to have the email address you used to place your order and the order number ready.
By mail (Please do not return packages to this address) IvoireAchat / SGPN Customer Service BP 90200 93472 Corbeil Essonnes, FRANCE.
To optimize the processing of your requests, please include your first and last name, the email address you used to place your order, and the order number in your letter.
As part of the implementation of these guarantees, the terms of support for your product may vary depending on the agreements concluded between IvoireAchat and its suppliers or the manufacturers of your product.
Therefore, you may be required to: – Either return your defective product directly to us; – Or follow the procedure communicated to you directly by the product manufacturer, a IvoireAchat subcontractor.
In all cases, if no fault is found or if your product is used abnormally (including, but not limited to: broken product, oxidation, or use not in accordance with the manufacturer’s recommendations or the product’s intended purpose), we will not repair or exchange the product; we may also charge you for travel and labor costs incurred.
Reproduction of legal provisions:
Article L217-3 of the French Consumer Code
The seller delivers goods that comply with the contract and the criteria set out in Article L. 217-5. He is liable for any lack of conformity existing at the time of delivery of the goods within the meaning of Article L. 216-1, which appears within a period of two years from this date. In the case of a contract for the sale of goods containing digital elements: 1° When the contract provides for the continuous supply of digital content or a digital service for a period of less than or equal to two years, or when the contract does not determine the duration of supply, the seller is liable for any lack of conformity of this digital content or this digital service which appears within a period of two years from the delivery of the goods; 2° When the contract provides for the continuous supply of digital content or a digital service for a period of more than two years, the seller is liable for any lack of conformity of this digital content or this digital service which appears during the period during which it is provided under the contract. For such goods, the applicable deadline does not deprive the consumer of his right to updates in accordance with the provisions of Article L. 217-19.The seller is also liable, during the same time limits, for defects in conformity resulting from the packaging, assembly instructions, or installation when this has been made his responsibility by the contract or has been carried out under his responsibility, or when the incorrect installation, carried out by the consumer as provided for in the contract, is due to gaps or errors in the installation instructions provided by the seller. This warranty period applies without prejudice to Articles 2224 et seq. of the Civil Code. The starting point for the limitation period for the consumer’s action is the day on which the latter becomes aware of the lack of conformity.
Article L217-5 of the Consumer Code I.-
In addition to the criteria of conformity to the contract, the good is compliant if it meets the following criteria:1° It is suitable for the use normally expected of a good of the same type, taking into account, where applicable, any provisions of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;2° Where applicable, it has the qualities that the seller presented to the consumer in the form of a sample or model, before the conclusion of the contract;3° Where applicable, the digital elements it contains are provided according to the most recent version available at the time of conclusion of the contract, unless the parties agree otherwise;4° Where applicable, it is delivered with all the accessories, including packaging, and installation instructions that the consumer can legitimately expect; 5° Where applicable, it is provided with the updates that the consumer can legitimately expect, in accordance with the provisions of Article L. 217-19;6° It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, having regard to the nature of the goods as well as to the public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labeling.II.-However, the seller is not bound by any public statements mentioned in the preceding paragraph if he demonstrates:1° That he did not know them and was not legitimately able to know them; 2° That at the time of the conclusion of the contract, the public statements had been rectified under conditions comparable to the initial statements; or3° That the public statements could not have had any influence on the purchasing decision. III.-The consumer may not contest conformity by invoking a defect concerning one or more particular characteristics of the good, of which he has been specifically informed that they deviate from the conformity criteria set out in this article, a deviation to which he has expressly and separately consented when concluding the contract.
Article L217-8 of the Consumer Code In the event of a lack of conformity, the consumer has the right to have the goods brought into conformity by repair or replacement or, failing that, to a reduction in the price or to the termination of the contract, under the conditions set out in this subsection. The consumer also has the right to suspend payment of all or part of the price or the delivery of the benefit provided for in the contract until the seller has fulfilled his obligations under this chapter, under the conditions of Articles 1219 and 1220 of the Civil Code. The provisions of this chapter are without prejudice to the award of damages.
Article L217-13 of the Consumer Code
Any good repaired under the legal guarantee of conformity benefits from a six-month extension of this warranty. If the consumer chooses to have the repair carried out but the seller does not carry it out, the replacement of the good triggers a new period of the legal guarantee of conformity attached to the replaced good, for the consumer’s benefit. This provision applies from the day the replacement good is delivered to the consumer.
Article L217-28 of the French Consumer Code.
When the consumer requests the guarantor, during the legal or commercial guarantee granted to him upon the purchase or repair of a good, a repair covered by this warranty, any period of immobilization suspends the remaining warranty period until the delivery of the repaired good. This period begins from the consumer’s request for intervention or from the time the good in question is made available for repair or replacement, whichever is more favorable to the consumer. The warranty period is also suspended when the consumer and the guarantor enter into negotiations with a view to an amicable settlement.
Article L217-16 of the Consumer Code
When the buyer requests the seller, during the term of the commercial warranty granted upon the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period. This period begins from the buyer’s request for intervention or from the time the good in question is made available for repair, if this is made available after the request for intervention.
Article 1641 of the Civil Code
The seller is bound by the warranty for hidden defects in the item sold that render it unfit for its intended use, or that so diminish this use that the buyer would not have purchased it, or would have paid a lower price for it, had they been aware of them.
Article 1648, paragraph 1 of the French Civil Code
Action resulting from latent defects must be brought by the buyer within two years of discovery of the defect.
9.2 Contractual Guarantees
*9.2.1 IvoireAchat Commercial Guarantees Coming Soon
When purchasing certain products, IvoireAchat offers customers, individuals residing in Metropolitan France, the opportunity to subscribe to a warranty.
The terms and prices of the commercial guarantees offered by IvoireAchat vary depending on the type of product you are purchasing.
Below is a list of the guarantees offered:
Breakdown + Damage Guarantee
Breakdown + Assistance Guarantee
Breakdown / Theft Guarantee
Phones, Tablets, Laptops
Jewelry
Child Transport Equipment
Cycles
Fitness Equipment
Stain & Tear Guarantee
Textiles
Sofa / Seat
Assembly Error Guarantee
60 days to decide
100 nights to decide
If you subscribe to an IvoireAchat commercial guarantee, you have a thirty (30) day cancellation period on the contract taken out pursuant to Article L. 112-10 of the French Insurance Code.
The information notice relating to the warranty to which you have subscribed will be sent to you by email, to the email address of the Customer Account used to subscribe to the warranty. PLEASE NOTE THAT SUBSCRIBING TO ONE OF THE IVOIREACHAT COMMERCIAL WARRANTIES LISTED ABOVE DOES NOT PREVENT THE APPLICATION OF THE LEGAL PROVISIONS RELATING TO THE LEGAL GUARANTEE OF CONFORMITY AS SET FORTH IN ARTICLES L217-3 TO L217-20 OF THE CONSUMER CODE AND TO THE GUARANTEE AGAINST LATENT DEFECTS AS SET FORTH IN ARTICLES 1641 TO 1648 OF THE CIVIL CODE AND IN ARTICLE 2232 OF THE SAME CODE AND REPRODUCED IN ARTICLE 9.1.
9.2.2 Manufacturer’s Warranty
Certain products sold on the Site benefit from a contractual warranty known as a “Manufacturer’s Warranty” granted by the supplier or manufacturer of the product, to which IvoireAchat is not a party.
The existence of this Manufacturer’s Warranty is indicated in the product information sheet on the Site.
If you wish to invoke the Manufacturer’s Warranty, please let us know when contacting our Customer Service.
To invoke your Manufacturer’s Warranty, please refer to the Manufacturer’s Warranty terms and conditions, which are generally included in the product box.
PLEASE NOTE THAT THE BENEFIT OF THE MANUFACTURER’S WARRANTY DOES NOT PREVENT THE APPLICATION OF THE LEGAL PROVISIONS RELATING TO THE LEGAL GUARANTEE OF CONFORMITY, AS SET FORTH IN ARTICLES L217-3 TO L217-20 OF THE CONSUMER CODE, AND THE GUARANTEE AGAINST LATENT DEFECTS, AS SET FORTH IN ARTICLES 1641 TO 1648 OF THE CIVIL CODE, AS WELL AS IN ARTICLE 2232 OF THE SAME CODE, AND REPRODUCED IN ARTICLE 9.1.
Article 10: ECO-PARTICIPATIONS, 1-FOR-1 TAKE-BACK, AND PRIVATE COPYING FEE
1-for-1 Take-Back
In accordance with Articles L. 541-10-8 and R. 541-161 et seq. of the French Environmental Code, you can benefit from free take-back of your old products for the following EPR sectors: – WEEE – AED – ATM & J – Contents and containers of chemical products – Single-use combustible gas cartridges – Toys – Sports and leisure.
The request to return your old product must comply with the “1 for 1” principle: IvoireAchat will return your old product for any new product of the same type purchased on the Site. Example: a washing machine returned following the purchase of a new washing machine on our Site. To find out the terms and conditions for returning your old product, simply contact us. The return may be refused for any product that does not comply with these terms and conditions.
Article 11: FORCE MAJEURE
IvoireAchat shall not be held liable for the failure to fulfill any of its obligations under the sales contract if such failure is related to the occurrence of a force majeure event.
Article 12: PERSONAL DATA
See the Terms and Conditions
Article 13: CODE OF CONDUCT
IvoireAchat adheres to the Code of Ethics of Fevad (Federation of e-commerce and distance selling).
For more information, visit the FEVAD website by clicking here.
Article 14: DISPUTES, MEDIATION, AND APPLICABLE LAW
14.1 For any complaints, our Customer Service is available.
14.2 The European Commission has set up a dispute resolution platform to collect any consumer complaints following an online purchase and then forward them to the competent national mediators. This platform can be accessed by clicking here.
14.4 Unless otherwise provided for by mandatory provisions, such as those arising from EC Regulation No. 593/2008 of June 17, 2008 on the law applicable to contractual obligations (Rome I), these General Terms and Conditions are subject to French law.
In the event that one or more clauses of these General Terms and Conditions become invalid following a change in legislation or a court decision, this shall in no way affect the validity of the other clauses, which shall remain applicable.
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