General conditions of sale

(to be read before any purchase)

Refund policy and privacy policy can be found at the bottom of the page.

Please read them carefully before any purchase on ibnaticollection.com .

Introduction : To order a product, this is done as follows:

1. Choose the variant of your desired item (Ex: Standard)
2. Then click on “add to cart”
3. Finally indicate the desired quantity. Then proceed to payment

PREAMBLE

Version of 02/28/2024:

Delivery in metropolitan France & worldwide. If in doubt, please contact us by email at contact@ibnati-collection.com to find out which countries are available for delivery.

This site is operated by IBNATI COLLECTION and managed by its representative. The terms “we”, “our” and “the Seller” refer to IBNATI COLLECTION. IBNATI COLLECTION offers this site, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. These general conditions of sale ( hereinafter the “General Conditions” or “General Conditions of Sale” or “CGV” ) apply to any purchase made by a natural person ( hereinafter the “Customer” ), on IBNATI COLLECTION.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. Your continued use of or access to the website constitutes acceptance of those changes. The Terms of Service are dated and may be changed and updated at any time. The applicable Terms of Service are those in effect at the time of the Order. Changes to the Terms of Service will not apply to Products already purchased.

All content of each product sheet is subject to copyright, any copy of a paragraph of a product sheet is illegal and may give rise to legal action.

These General Conditions of Sale are intended to govern the sale and Delivery of Products ordered from IBNATI COLLECTION via the Site.

They are accessible at any time via a hyperlink available on the home page of the Site.

Any order placed on the Site necessarily implies the Customer's unreserved acceptance of these general conditions of sale.

Article 1 – Online sales

IBNATI COLLECTION is a baby & children's clothing sales site owned by Ibnati Collection.

Article 2 – General

These General Conditions of Sale define the conditions applicable to sales concluded between, on the one hand, any user of the site https://www.ibnati-collection.com making a purchase via the IBNATI COLLECTION website, hereinafter referred to as “the Customer” and, on the other hand, “the Seller”, IBNATI COLLECTION.

The Customer and the Seller hereinafter being referred to as “the Parties”.

These conditions apply exclusively to non-professional individuals.

The acquisition of a Product through this site implies unreserved acceptance of the General Conditions of Sale.

To the extent that the Customer purchases the Products on the site http://www.ibnati-collection.com directly and automatically online, the electronic acceptance of the Customer marks the conclusion of the contract between the Customer and the Seller. In accordance with the law of March 13, 2000 on electronic signature and the law on trust for the digital economy of June 21, 2004, any purchase validated by the Customer by his "double click" or by his agreement on the telephone constitutes an irrevocable acceptance of these general conditions by the Customer, like a handwritten signature.

The general conditions of sale are concluded for the duration necessary for the sale of the Products, until the expiry of their guarantees.

The Customer selects the Product(s) he wishes to purchase, and can access the summary of his order at any time. The Customer has the possibility to modify his order and correct any errors before definitively validating it.

Receipt of the final payment of the order by IBNATI COLLECTION after confirmation of the order summary by the Customer concludes the sales contract between the Customer and the seller, the contract can only be challenged within the limits provided for in the T&Cs. Any order placed implies unconditional acceptance of the T&Cs by the Customer.

The confirmation of the order validated by the Customer will be sent to him by email. Depending on the payment method used, the sending of the order confirmation may be deferred until the final receipt of payment by IBNATI COLLECTION.

For this purpose, the Customer formally accepts the use of electronic mail for confirmation by the seller of the contents of his order.

IBNATI COLLECTION reserves the right to refuse orders from a Customer with whom there is a dispute or incident relating to the payment of a previous order under the conditions detailed in article 4.2 below.

6.1 Delivery is made to mainland France, Switzerland, Canada and Belgium & worldwide.

6. Ibnati Collection offers the Customer free delivery from 60€ of purchase to mainland France. Delivery costs abroad will be charged according to the market prices observed for each destination. Secure delivery against loss and theft is also available.

6.3 IBNATI OLLECTION or Colissimo/Mondial Relay cannot be held responsible for a delay in delivery or non-delivery in the event that the Customer has not provided a complete and correct delivery address. The return of a package that could not be delivered due to a lack of information in the delivery address will be billed to the customer.

Details of delivery times and costs are mentioned at checkout.

2 delivery methods with tracking at home/collection point available:

  • standard delivery,
  • fast delivery, (loss/theft guarantee)

The delivery time depends on the carrier and the type of product, a duration of between 2 and 49 days is to be expected depending on the delivery method chosen.

Fast/secure delivery is a priority/loss before “delivered” status.

Any customs charges are the responsibility of the customer.

IBNATI COLLECTION is responsible until Delivery of the Product to the Customer. It is reminded that the Customer has a period of three (3) days to notify the carrier of any damage or partial loss noted upon Delivery.

The following delivery methods are available:

6.4 IBNATI COLLECTION undertakes to respect a preparation period of between 24 and 78 hours for delivery by Colissimo from the positive evaluation of payment by Bank Card.

6.5 In the event of Products deliverable on different dates given their availability, the delivery time is based on the longest time.

6.6 Upon receipt of the order, the Seller recommends that the Customer checks the conformity of his order and informs the Seller, if necessary, of any anomaly concerning it, within 24 hours. After this period, IBNATI COLLECTION cannot be held responsible for non-compliant delivery.

Article 7 – Prerequisites for placing an order

The ordering of a Product by an individual on the Site is reserved for persons aged at least 18 years, capable of entering into a contract and acting for legal purposes.

The Customer guarantees that he/she truthfully fills in the information requested during registration. Before using the Site, the Customer must ensure that he/she has the technical and IT resources allowing him/her to use the Site, order the Products and that his/her browser allows secure access to the Site.

The Customer expressly undertakes not to use false information or third-party information.

After his first order and on the occasion of subsequent orders, the Customer will be able to access his account by entering his username and password. The Customer is solely responsible for maintaining the confidentiality of his username and password allowing access to his customer account and must take all necessary measures to ensure that these elements remain confidential and secure.

Article 8 – Payment methods – Security

8.1 Payment for Products online is made by Bank Card or PayPal, the contractual conditions of which are accessible at the following address: https://www.paypal.com/fr/webapps/mpp/ua/useragreement-full

8.2 The Seller makes every effort to ensure the confidentiality and security of data. All data exchanged, and in particular sensitive data relating to card payment methods on the web, are encrypted by Stripe. Payment is completely secure.

Article 9 – Processing and collection of personal data

The information collected is secured via WordPress. The data controller is IBNATI COLLECTION. The customer can make a request to IBNATI COLLECTION at any time to register on the telephone canvassing opt-out list (BLOCTEL device). Any consumer has the possibility to register for free on the BLOCTEL telephone canvassing opt-out list https://conso.bloctel.fr/ index.php/inscription.php

In accordance with Law No. 2020-901 of July 24, 2020 aimed at regulating telephone canvassing and combating fraudulent calls, any professional reserves the right to solicit a consumer registered on the list of opposition to telephone canvassing when it comes to solicitations occurring within the framework of the execution of a current contract and having a connection with the object of said contract, including when it involves offering the consumer products or services relating to or complementary to the object of the current contract or likely to improve its performance or quality. They are kept for the entire duration of the relationship hereof and for a maximum period of five years after the end of the contractual relationship in accordance with the legal archiving and conservation obligations and are intended for IBNATI COLLECTION and its service providers intervening within the framework of the contractual relations between IBNATI COLLECTION and the customer.

The Customer may exercise at any time his right to access data concerning him, to have it rectified, erased, limited, carried, opposed to its processing or to be the subject of a decision based exclusively on processing, and may give instructions on the processing of his data after his death, by logging into his account or by contacting customer service contact @ibnati-collection.com .

IBNATI COLLECTION collects personal data concerning its Customers on the Site, in order to process Orders placed on the Site, analyze Orders, respond to requests for information and, if the Customer has expressly chosen this option, send them newsletters, unless the Customer no longer wishes to receive such communications from IBNATI COLLECTION. In this respect, the Customer is invited to consult the Privacy Policy which will provide them with more information relating to the protection of personal data, the processing carried out via the Site and the methods of exercising rights.

Article 10 – Guarantees & Right of withdrawal

10.1 Guarantee of conformity

Article L. 217-4 of the Consumer Code: “The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.
It is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed under its responsibility by the contract or has been carried out under its responsibility.

Article L.217-5 of the Consumer Code: “The good complies with the contract:
1° If it is suitable for the use usually expected of a similar good and, where applicable:
– if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
– if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted”.

IBNATI COLLECTION may be liable for any lack of conformity existing upon delivery and for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been its responsibility or has been carried out under its responsibility.

The action resulting from the lack of conformity is prescribed by two (2) years from the delivery of the Product. (Article L.217-12 of the Consumer Code). In the event of a lack of conformity, the Customer may request the replacement or reimbursement of the Product, at his choice.
In the event that a replacement is not possible, IBNATI COLLECTION undertakes to refund the price of the Product within thirty (30) days of receipt of the returned Product and in exchange for the return of the Product by the Customer to the address indicated by email by the customer service contact@ibnati-collection.com

The implementation of the legal guarantee of conformity must not entail any costs for the buyer ( article L. 217-11 of the consumer code ).

10.2 Guarantee of hidden defects

The Seller undertakes to exchange or refund any Product presenting hidden defects, defects of conformity resulting from the packaging and quality problems during normal use of the Product, in accordance with articles L.217-4 to L.217-14 of the Consumer Code.
The return shipping costs will then be borne by the Seller. The Buyer cannot cancel the sale if the lack of conformity is minor.

IBNATI COLLECTION is liable for the warranty against hidden defects in the Product sold which render it unfit for the use for which it is intended, or which so diminish this use that the Customer would not have acquired it, or would have paid a lower price for it, if he had known of them. (Article 1641 of the Civil Code)

This guarantee allows the Customer who can prove the existence of a hidden defect to choose between reimbursement of the price of the Product if it is returned and reimbursement of part of its price, if the Product is not returned.

In the event that a replacement or repair is not possible, IBNATI COLLECTION undertakes to refund the price of the Product within thirty (30) days of receipt of the returned Product and in exchange for the return of the Product by the Customer to the address indicated by email by the customer service contact@ibnati-collection.com

The action resulting from latent defects must be brought by the Customer within two (2) years from the discovery of the defect. (Paragraph 1 of Article 1648 of the Civil Code).

In accordance with the legal provisions in force relating to the conformity of the good to the contract or to hidden defects, defective Products (without this being due to the Buyer) or not corresponding to the order will be refunded or exchanged at the Buyer's choice. The Products must be returned in the condition in which they were received with all the elements (accessories, instructions, etc.) in packaging allowing transport in good conditions.
These guarantees are without prejudice to the right of withdrawal provided for in Article 4. It is recalled that within the framework of the legal guarantee of conformity, the Buyer:
– has a period of two years from delivery of the goods to take action;
– may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
– Finally, the Customer is exempt from providing proof of the existence of the lack of conformity of the Product during the twenty-four (24) months following delivery of the Product except for second-hand goods for which this period is set at six (6) months. (Article L. 217-7 of the Consumer Code).

The legal guarantee of conformity applies independently of the commercial guarantee that may possibly cover the Product. It is recalled that the Buyer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and that in this case, he may choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

In all cases, defective products must be repaired or replaced at no cost to the consumer. This principle of free return also applies to the cost of returning the product.

Any return by the Customer resulting in external postal costs cannot be covered by the Seller if it has not been informed in advance.

10.3 Command error:
In the event of a model or Product error when preparing the order, the Seller undertakes to exchange the Product. The return and reshipping costs will be borne by the Seller.

10.4 Return by the Customer:
The Customer has a legal withdrawal period of 14 clear days from the date of receipt of the Products. The return costs are the responsibility of the Customer.

In the event that the Customer has ordered several Products via a single Order giving rise to several Deliveries (or in the case of an Order for a single Product delivered in several batches of parts), the withdrawal period will expire fourteen (14) days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the last good, the last batch or the last part.

To exercise his right of withdrawal, the Customer must notify his decision to withdraw by means of an unambiguous declaration to contact@ibnati-collection.com by downloading the withdrawal form available here .

In order for the withdrawal period to be respected, the Customer must send his communication relating to the exercise of the right of withdrawal before the withdrawal period expires.

In the event of withdrawal by the Customer, IBNATI COLLECTION undertakes to reimburse all sums paid, including Delivery costs, without undue delay, and at the latest within fourteen (14) days from the date on which it is informed of the Customer's decision to withdraw (Article L.221-24 of the Consumer Code).

Exclusions from the right of withdrawal

The right of withdrawal is excluded in the following cases:

    • Supplies of sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been unsealed by the Customer after delivery
  • Supply of services fully performed before the end of the withdrawal period and the performance of which began after the consumer's express prior consent and express waiver of his right of withdrawal
    • Supply of goods or services whose price depends on fluctuations in the financial market
    • Supply of goods made to the Customer's specifications or clearly personalized
    • Supply of goods liable to deteriorate or expire rapidly
    • Supply of sealed audio or video recordings or software which were unsealed after delivery
    • Newspaper, periodical, magazine (except subscription contract)
    • Provision of accommodation services other than for residential purposes, transportation of goods, car rental, catering or services related to leisure activities if the offer provides for a specific date or period of performance
    • Supply of goods which by their nature are inseparably mixed with other items
    • Supply of alcoholic beverages, the price of which was agreed at the time of conclusion of the sales contract, the delivery of which can only be made after 30 days and the actual value of which depends on fluctuations in the market beyond the seller's control
    • Supply of digital content not supplied in a dematerialized form if the execution has begun with the express prior consent of the consumer, who has also acknowledged that he will thereby lose his right of withdrawal

10.5 Upon receipt of the package, the Seller will judge the perfect condition of the Products (packaging, accessories and instructions, etc.).
No returns will be accepted if the returned Products have been visibly worn, damaged, worn, damaged or their packaging damaged or deteriorated, making the product unfit for resale in new condition.

10.6 If the return is refused by the Seller, the Products will be returned to the Customer at the Seller's expense without the Customer being able to demand a refund or any compensation.

10.7 Exchange:
The Customer has 14 days from the date of receipt to return the Products and request a possible exchange. The return costs will be borne by the Customer.

10.8 Reimbursement:
In the event that the Seller makes a refund of a Product in the cases referred to in this article, it will be made by mutual agreement via exchange, credit on a future order or according to the Customer's payment method within 30 days from the date of notification of the refund.

10.9 Have:

In the event that the buyer wishes to receive a credit, it must be used only on the website within a maximum period of 6 months.

Article 11 – Customer service

For any information or questions, our customer service is at your disposal;

Email address : contact@ibnati-collection.com

Our advisors are available from Monday to Saturday, response within 48 hours.

Article 12 – Intellectual property

 12.1. All texts, comments, works, illustrations, works and images reproduced or represented on the site are strictly reserved under copyright law as well as under intellectual property law and for the entire world.

12.2. As such and in accordance with the provisions of the Intellectual Property Code, only use for private purposes subject to different or even more restrictive provisions of the Intellectual Property Code is authorized. Any total or partial reproduction or representation of the site or of all or part of the elements found on the IBNATI COLLECTION site is strictly prohibited.

Article 13- Liability

13.1 The photos are provided for illustration purposes. The Seller invites the Customer to refer to the description of each Product to find out its precise characteristics.

IBNATI COLLECTION undertakes to present the essential characteristics of the Products and the mandatory information that the Customer must receive under applicable law.

These characteristics and information appear on the Product sheets on the Site. The Customer undertakes to read this information carefully before placing an Order on the Site.

All Products sold comply with current European legislation and the standards applicable in France.

13.2 In the event of hypertext links pointing to other sites from the Seller's site, the latter will not be responsible for the content of the information provided on these sites after activation of these links.

13.3 In the event of purchases for professional purposes, the Seller shall not incur any liability for any indirect damages arising from these terms, loss of business, loss of profit, loss of opportunity, damages or costs. The Seller shall not be liable for the abnormal or non-compliant use of a product purchased on the Site.

 

Article 14 – Comment, Criticism, Communication

You can unsubscribe from our mailings at any time by clicking on the link provided for this purpose at the bottom of the page.

All reviews posted by the Customer are monitored and moderated by the marketing team. If the comments violate the law, morality or ethics (abusive advertising, defamatory comments, insults, out-of-context comments, etc.), the Seller reserves the right to refuse or modify the review in question.

Article 15 – Applicable law – Disputes

This contract is subject to French law.
The language of this contract is French.

In the event of a dispute between the professional and the consumer, they will endeavour to find an amicable solution.

In the absence of an amicable agreement, the consumer has the option of contacting the consumer mediator responsible for the professional, namely AME CONSO, free of charge, within one year of the written complaint sent to the professional.

The referral to the consumer mediator must be made:

Article 16 – After-sales service (SAV) – Warranty conditions

All our Products benefit from the legal guarantee of conformity and the guarantee of hidden defects. The costs of sending the Product(s) to the workshop are the responsibility of IBNATI COLLECTION. For any return of a package, the customer must return the package to IBNATI COLLECTION at the address indicated by email by the customer service contact @ibnati-collection.com . The Seller undertakes to follow up with suppliers in the event of possible repairs.

Whatever the problem encountered with the Product, the customer must first attach photographic/video proof of the problem, mentioning the order number, by email.

All Products sold also benefit from the legal guarantees provided by law.

Lack of conformity refers to the following situations:

  • Good unfit for the use usually expected of a similar good (for example, a product usually intended to operate wirelessly on battery power which ultimately has to be plugged into the mains)
  • Good that does not match the description given by the seller even if it works perfectly (for example, the color does not match the model presented)
  • Goods that do not have the qualities advertised by the seller or agreed with you (for example, an extractor hood presented as particularly quiet turns out to be noisy).
  • Good which presents a manufacturing defect, an imperfection, a bad assembly
  • Installation that was not done correctly by the seller or incomplete or incomprehensible installation manual preventing you from assembling the device properly

Defects can come from:

  • of good in itself,
  • of the packaging,
  • assembly instructions,
  • of the installation when it was carried out by the seller or carried out under his responsibility.

However, the legal guarantee of conformity does not apply if:

  • you were aware of the defect at the time of purchase,
  • you could not be unaware of the defect at the time of purchase (for example, if the seller informed you of it),
  • the defect results from materials you supplied or added (for example, if you put a non-compliant battery in your phone).

Article 17 – FORCE MAJEURE

IBNATI COLLECTION shall not be held liable if the non-performance or delay in the performance of one of its obligations described in these T&Cs results from a case of force majeure.

There is force majeure in contractual matters when an event beyond the control of the debtor, which could not reasonably have been foreseen at the time of conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the debtor from performing his obligation.

If the impediment is temporary, the performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is permanent, the contract is terminated automatically and the parties are released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code.

In the event of the occurrence of one of the above-mentioned events, IBNATI COLLECTION will endeavour to inform the Customer as soon as possible.