The L'Impatience company (hereinafter « L'Impatience") markets lingerie garments, nightwear and fashion accessories, notably in France and in certain foreign countries.
L’Impatience wished to create its own on-line retail site, www.limpatience.com (hereinafter referred to as the « Site").
The products present on the Site are sold by L’Impatience as retail items and orders made via the Site are uniquely for final consumers. The purchase of product(s) by a professional for resale is prohibited. In consequence, these general terms and conditions of sale (hereinafter "GTCS") are exclusively reserved for consumers, within the meaning of the law and jurisprudence, acting exclusively on their own behalf and domiciled in mainland France (including Corsica), and in the following countries: Germany, Austria, Belgium, Canada, Denmark, Spain, Greece, Ireland, Italy, Luxembourg, Malta, Monaco, the Netherlands, Portugal, United Kingdom, United States, Sweden, Switzerland.
L’Impatience reserves the right to modify the GTCS at any time. The GTCS that are applicable to an order are those accepted by the Customer at the time the order was placed.
The version of the GTCS that is applicable to an order is communicated in the confirmation email received by the Customer.
ART. 1 — PURPOSE - SCOPE
The purpose of the GTCS is to inform any potential purchaser of the terms and conditions under which L’Impatience sells and delivers the ordered products and to define the rights and obligations of the parties in connection with the sale of products by L'Impatience to the consumer (hereinafter the "Customer").
By ordering a product on the Site and by ticking a box provided for this purpose, the Customer acknowledges that they have read the GTCS before placing the order and have accepted them without restriction.
The Terms and Conditions are supplemented by the « Personal Data & Cookies » charter.
Any Order constitutes an acceptance of these Terms and Conditions and the Personal Data & Cookies charter.
ART. 2 – IDENTITY OF THE COMPANY
Public Limited Company with a capital of 1 000 euros
Registered with the Créteil Trade and Companies Register under number 831 057021 00014.
Head office: 79 rue Victor Hugo, 94200 Ivry sur Seine - France
VAT: FR 57 83105 7021
Phone: +33 (0)7 69 26 93 96
ART. 3 – PRODUCTS
3.1 Product description
The products offered for sale are those that appear on the Site on the day that the Customer views the site, and within the limit of available stocks. L'Impatience may modify the selection of products offered for sale on the Site at any time.
L'Impatience takes the greatest care when presenting products on the Site. Nevertheless, the photographs illustrating the products are only provided on an indicative basis and have no contractual value.
In accordance with article L 111-1 of the Consumer Code, the Customer can consult the Site prior to their order to learn the essential specifications of the products sold on the Site.
For any questions related to the purchasing of products, their use or any request for advice, Customers can contact the Customer Relations Department of the on-line retail site by email: email@example.com.
The prices of products sold on the Site are indicated in euros, per article and reference, and include all taxes (VAT included) excluding delivery charges. The price to be paid by the Customer when the order is validated is the all-inclusive price, which includes the sum of the prices of the items making up the order including taxes plus the delivery costs. The inherent telecommunication costs for accessing the site remain the Customer's responsibility.
Sale prices of products can be modified by L'Impatience at any time. The Customer will be notified of modifications prior to any order.
The products presented on the Site by L'Impatience are valid within the limit of available stocks. L'Impatience does not guarantee the availability of products presented on the Site.
In the event of the total or partial unavailability of products after an order is placed, the Customer will be informed by e-mail as soon as possible of the unavailability of the product and of the total or partial cancellation of their order.
In the case where the Order is cancelled in its totality, the L'Impatience Customer Service will contact the Customer to inform him/her of the order's cancellation and propose that the order is renewed, excluding the unavailable product.
In the event an Order is partially cancelled :
- The Customer's order will be validated and their bank account will be debited with the total amount of the Order
- The available products will be delivered to the Customer
- The Customer will be reimbursed for the price of the ordered but unavailable product as soon as possible, and at the latest within 30 days of the payment they have effectuated.
3.3 Retention of title
The ordered products remain the property of L'Impatience until L'Impatience's full receipt of payment.
ART. 4 — TERMS OF ORDERING
To complete an order the Customer must enter the address www.limpatience.com and proceed as follows :
Select one or more items and fill the shopping cart by clicking on the « Add to Cart » button.
Prolonged inactivity during connection may mean that the selection of items chosen before this inactivity is no longer guaranteed. The Customer will be invited to resume their product selection from the start.
Check the ordered items, identify and correct any mistakes made during entry.
Indicate the selected method of delivery and provide the delivery address.
Specify whether the billing address is the same as the delivery address.
Validate the order, the total price, and the all inclusive price by clicking on the « Validate » button.
Follow the instructions on Stripe, our partner payment server, to pay the L'Impatience order.
Tick the box « By validating your order, you accept the General Conditions of Sale ». The Customer can modify their order at any moment up to the « Order and pay », stage, by clicking on the « Previous step » icon.
From the moment the Customer confirms their order by clicking on the « Validate Payment », icon, the Customer will no longer be able to cancel or modify their order and their bank account is debited with the all inclusive price that includes the total price of the items shipped plus the delivery fees
After the Customer validates their payment, L'Impatience sends the Customer a confirmation of the acceptance of the order. The confirmation of the order includes the summary of the products ordered, the price, the delivery costs, and the order number.
The Customer receives an e-mail confirming the order's shipment and is provided with a tracking number to be able to follow the process of their delivery.
The Customer receives the package at the delivery address indicated at the time of the order, based on the chosen delivery mode.
It is recalled that purchases made on the Site are reserved for a clientèle of non-professional individuals who order items for their personal use (or for gift purposes within the family). As a consequence, L'Impatience only sells its products in quantities that correspond to a household's usual average requirements, and as such, the attention of the Customer is particularly drawn to the fact that the total amount of their orders must not exceed the sum of 3,000 (three thousand) euros.
In accordance with article L121-11 of the Consumer Code, L'Impatience reserves the right to legitimately refuse or cancel any Order whose number of products or the total amount to be paid (for one or several cumulative orders) does not correspond to a household's usual average requirements, any Order carrying the suggestion that the Customer is engaged in an economic activity in connection with the products ordered, or more generally any abnormal Order within the meaning of the jurisprudence that is applicable in this field.
L'Impatience also reserves the right to suspend or cancel the execution of any Order and/or delivery in the event of non-payment or partial payment of any sum that would be due by the Customer, in the case of payment incident, abnormal or abusive returns, fraud or attempted fraud relating to the use of the Site.
ART. 5 — TERMS OF PAYMENT - SECURE PAYMENT
Any order involves payment. These orders are payable in euros. Any bank charges will be borne by the Customer (including in the case of a refund).
Payment of Customer purchases is made by credit card only: Carte Bleue, Visa, Eurocard/MasterCard and American Express network' cards are accepted. Payments by check are not accepted. The Customer guarantees L'Impatience that they have the necessary authorizations to use the payment method that they have chosen for the order.
As an order will only be confirmed if the product(s) is/are available, the transaction will be immediately debited from the customer's bank card after verification of their data and upon receipt of debit authorization from the company that issued the bank card used by the customer.
In accordance with the provisions of article L 132-2 of the Monetary and Financial Code, the undertaking to pay which is made by the use of a bank card is irrevocable. By communicating their bank card number and the information mentioned below, the Customer authorizes L'Impatience to debit the total amount of their order, including VAT and delivery costs, from their bank card.
To this end, the Customer confirms that they are the holder of the bank card to be debited and that it is their name which figures on this bank card, then, in a secure environment on the website of our payment partner Stripe, provides the fifteen or sixteen digit number and expiry date appearing on the front of their bank card and, where required, the security code number on the back of their bank card.
In the event, for any reason whatsoever, that any sums payable by the customer cannot be paid, the sale will be immediately cancelled ipso jure and the purchasing process electronically cancelled.
Thanks to their secure space, Stripe is alone to have knowledge of the customer's banking information. This information does not transit in any way through the www.limpatience.com website.
To combat internet fraud, L'Impatience has chosen to use the 3D Secure system implemented by financial institutions since January 1st, 2009.
The purpose of this 3D Secure standard is to request additional information, known to the bank and the cardholder during a transaction. This helps to strengthen the authentication of its customers during internet payments. This authentication verifies that the bank card is being used by its legitimate owner.
Specifically, when making a payment on a retail website with the "MasterCard Secure Code", "Verified by Visa" and "American Express Safekey" logos, a window appears asking for personal information of the payer. This may be the card holder's birth date or a secret code depending on the internet user’s bank. This data entry control verifies that the internet user making the payment is the person associated with the card in use. If you are not yet in possession of your 3D Secure PIN code, please contact your bank.
This authentication is mandatory and any refusal to enter this personal information or any mistyping of the payer's personal information will result in the transaction's cancellation.
ART. 6 — DELIVERY AND RECEPTION
6.1 Delivery address
When entering the order, the Customer must select the delivery country. In all cases, the place of delivery will be situated in mainland France (including Corsica) or in one of the following countries: Germany, Austria, Belgium, Canada, Denmark, Spain, Greece, Ireland, Italy, Luxembourg, Malta, Monaco, the Netherlands, Portugal, United Kingdom, United States, Sweden, Switzerland.
Any delivery address located outside these territories will be refused during the ordering process.
In accordance with the GCSS, products ordered by the Customer on the Site will be delivered to the address indicated by the Customer as the delivery address during the ordering process. The following delivery addresses which are entered on the Site will always be refused :
- A general mailbox
- A PO box
6.2 Delivery methods
The Customer chooses the delivery method proposed on the Site. Delivery fees and delivery times vary per country and the selected delivery service.
- All orders placed before 1P.M. (French time - GMT + 1), from Monday to Friday excluding public holidays, are prepared and handed over to the carrier on the same day.
- All orders placed and validated after 1P.M. (French time - GMT + 1) on a working day will require an additional working day for delivery.
Colissimo, DHL and TNT deliveries
When a parcel leaves the L'Impatience warehouses to be sent to the address indicated by the Customer at the time of their order, the latter receives a shipping confirmation from the Site in the form of an email indicating the tracking number of their package.
The Client can follow the progress of their order's processing by following the link provided in the shipping confirmation email, or by entering the package tracking number on either the Colissimo (www.colissimo.fr), TNT (www.tnt.fr), or DHL (www.dhl.fr) website.
Relay delivery (mainland France only)
« Relais Colis » is a delivery service whereby the customer or the recipient of the order can collect their package (previously ordered and paid for on the Site) from the shop/relay of their choice offering this delivery method.
To collect the parcel from the store, the Customer must have a valid ID along with the order number from their order confirmation email. The Customer can also authorize a third party to pick up the order. To do so, this person must have their own valid ID, ID of the order's recipient and the order number. The Customer, the person mandated by the Customer or the recipient of the order will have to sign the order's delivery form when collecting the parcel. This form acts as proof of delivery by L'Impatience and receipt of the parcel by the Customer or the recipient of the order. No dispute relating to the delivery itself is possible if the package is listed as delivered, the L'Impatience register being considered as indisputable.
6.3 Acceptance of Products
It is the responsibility of the Customer or the recipient of the order to verify the apparent condition of the package and the products upon delivery.
If any irregularities in packaging are observed (a damaged package, or particularly an open package) or if ordered products are missing or damaged, it is imperative that the Customer or the recipient of the order communicate their reservations and complaints which appear justified, or even refuse the parcel if it appears to have been opened or has obviously deteriorated. These reservations and/or complaints must be addressed as quickly as possible to the L'Impatience e-boutique Customer Relations Department by email: firstname.lastname@example.org.
Failure to comply with this procedure precludes any recourse against the carrier and L'Impatience. In particular, the Customer will not be entitled to any reimbursement. The Customer or the recipient of the Order can not demand that L'Impatience re-delivers the ordered products.
The Customer must ensure that the items delivered to him correspond to his order. If the delivered items do not conform in kind or quality to the specifications indicated in the delivery note, the Customer must inform L'Impatience Customer Relations Department by e-mail: email@example.com and return the items to the address indicated in the conditions provided in article 7.
ART. 7 — SATISFIED OR REFUNDED
7.1 Withdrawal period and conditions
L'Impatience agrees that their customers who are not satisfied with an ordered item may exercise their right of withdrawal provided for in Article L.221-18 of the Consumer Code under the best conditions. The Customer therefore has a period of 15 (fifteen) days from the receipt date of the parcel containing the ordered products to exercise their right of withdrawal.
7.2 How to exercise the right of withdrawal
Products must be returned to L'Impatience in a suitable condition for re-selling (products in perfect condition, in their original packaging, complete (accessories, manual, box, washable pouch, plastic covers ...)), with labels, in new condition, unworn, within 15 (fifteen) days at the latest after their reception date. After this period of 15 days, no return or exchange will be accepted.
If the products are subject to the right of withdrawal under the conditions set out above, the Client may choose to obtain :
A credit note, equal to the price of the returned products, uniquely usable on the Site
A refund by L'Impatience of the returned products as well as the order's delivery costs. The refund of the delivery costs will only be made in the event of the return of all the items contained within the order placed on L’Impatience website.
The Customer or the recipient of the order who wishes to exercise his right of withdrawal must return the related products by post, in their original packaging, together with the carefully completed return form available in the GTCS annex or downloaded from the Site, with a copy of the delivery note, to the following address :
79 Rue Victor Hugo
94200 Ivry sur Seine
In accordance with article L221-21-3 of the French Consumer Code, the costs of returning the products will remain the Customer's responsibility, except in cases where the delivered products do not comply with the Order (in this case, L'Impatience is responsible for the return costs).
L'Impatience does not accept parcels addressed freight collect.
All risks related to product returns are the Customer's responsibility and L'Impatience recommends that you subscribe to a package tracking option to avoid any inconvenience in case of the loss or theft of products during the return transport. If the conditions mentioned above are met and once the goods have been received, checked and accepted by our services, L'Impatience will refund the returned items at the invoice price (including delivery costs) depending on the payment method used for the item, by crediting the customer's bank account that corresponds to the credit card used for payment within 15 (fifteen) days from the day on which L'Impatience is informed of the Customer's decision to withdraw, subject to L'Impatience receiving the returned items within the time limit.
When several items ordered on the Site have been shipped in one go (by single package) and the Customer decides to return them in full during the cooling-off period, the delivery costs will be refunded. On the other hand, if only a part of the items ordered and shipped in one go is returned during the cooling-off period, the forward delivery costs will remain at the Customer's expense.
Items that are incomplete, damaged, deteriorated or soiled by the Customer will not be refunded.
ART. 8 — GUARANTEE
All products sold on the Site benefit from the legal guarantee of compliance (as defined in articles L 217-4 and following of the Consumer Code) and the guarantee against hidden defects (as defined in articles 1641 and following of the Civil Code) which enables the buyer to return defective or non-compliant delivered goods without charge.
8.1 Legal guarantee of compliance
The Consumer Code states the following in terms of a legal guarantee of compliance :
- Article L217-4 of the Consumer Code: The seller has the obligation to deliver goods which comply with the contract and is liable for any lack of compliance that exists at the time of issue. He is also responsible for non-compliances resulting from the packaging, the assembly or installation instructions when this was covered by the contract or were performed under his responsibility.
- Article L211-5 of the Consumer Code: To comply with the contract, the goods must :
1.1. Be fit for the same use as a similar item
1.2. Display the characteristics defined by the parties' mutual agreement or be specific to any special purpose sought by the buyer, brought to the knowledge of the seller and which the latter has accepted.
- Article L211-12 of the Consumer Code: Actions resulting from non-compliance are waived after two years from the issue of the goods.
8.2 Guarantee against hidden defects
The Civil Code states the following in terms of hidden defect guarantees :
- Article 1641 of the Civil Code: The seller is liable for a sold item's hidden defects which make it unsuitable for the use for which it is intended, or which diminish its usability to the point that the buyer would not have acquired it, or would have paid less if he was aware of them.
- Article 1648 of the Civil Code: Actions resulting from the unacceptable defects must be presented by the purchaser within two years following the discovery of the defect. In cases covered in Article 1642-1, the action must be brought within one year from the date on which the seller can be discharged from apparent defects, on pain of foreclosure.
Products that are modified, repaired, integrated or added by the Customer are excluded from the guarantee. The guarantee does not cover products that are damaged either during transport or due to misuse.
8.3 Implementation of legal guarantees
When implementing their legal guarantee of compliance, the Customer :
- Can act within a two year period from the date the goods were issued ;
- Can choose between the repair or the replacement of the goods, subject to the cost conditions stipulated in Article L 217-9 of the Consumer Code
8.4 Consequences of implementing the guarantee
Within the framework of the legal guarantee of compliance, L'Impatience undertakes, at the Customer's choice :
- Either to replace the product with an identical product, depending on available stocks.
- Or to refund the price of the product if it proves impossible to replace a product.
Within the framework of the legal guarantee of hidden defects, after the defect is evaluated, L'Impatience undertakes, at the Customer's choice :
Either to refund the full price of the returned product.
Or to reimburse part of the product's price if the Customer decides to keep the product.
ART. 9 — LIABILITY
The Customer declares that prior to the Order they are fully legally capable to commit under the terms of the GTCS. In no event shall L'Impatience be obliged to verify the legal capacity of its Clients. Consequently, if a person with no legal capacity ordered articles on the Site, his legal representatives will assume full responsibility for this order and should honour the price.
9.2 Limitation of liability
L'Impatience's liability can not be engaged in terms of the GTCS obligations in the case where the non-performance of its obligations is attributable to the act of a third party, even if it is foreseeable, to a fault of the Customer or to the occurrence of an event of force majeure as defined by the French courts.
The information available on the Site is provided as is, without any kind of guarantee. L'Impatience is not responsible for any direct or indirect damage, whether foreseeable or not, caused during use of the Site. In the event that L'Impatience's liability should be established and withheld that is related to damage sustained by a Customer and attributable solely to the placement of an order, it is limited to the amount that the buyer paid L'Impatience for the order.
ART. 10 — CUSTOMER SERVICE/MEDIATION SERVICE
For any additional information, any question relating to order tracking or a return, any complaint related to an order, the Customer is invited to contact the L'Impatience Customer Service on 07 69 26 93 96 from France (local call price) or on + 33 7 69 26 93 96 from abroad, from Monday to Friday, 9AM to 6PM French Time.
ART. 11 - CONFIDENTIALITY OF DATA
L'Impatience collects the Customer's personal data, and also that of the Order's recipient when applicable. The purposes, recipients, and conditions under which L'Impatience collects and processes personal data are presented in the « Legal Notices » charter of the Site.
ART. 12 - INTELLECTUAL PROPERTY RIGHTS
The "L'Impatience" brand, together with all figurative and non-figurative brands and more generally all other brands, illustrations, images and logotypes appearing on L'Impatience articles or their packaging, whether filed or not, shall remain the exclusive property of L'Impatience SAS. Any reproduction, modification or use of these brands, illustrations, images and logotypes for any reason or on any medium without L'Impatience SAS's prior express agreement is strictly prohibited. The same shall apply to any combination or conjunction with any other mark, symbol, logotype and more generally any distinctive sign intended to form a composite logo. The same shall apply to all copyright, designs, and models which are the property of L'Impatience SAS.
ART. 13 - DISPUTES - APPLICABLE LAW
These Terms and Conditions are governed by French law, regardless of the Customer's country of residence and the location the Order was placed.
Any dispute pertaining to the existence, interpretation, performance or termination of the contract concluded between L'Impatience and the Customer shall be subject to the exclusive jurisdiction of the competent French courts in the application of the rules laid down by the Code of Civil Procedure.