Terms and conditions

Terms of Service

Art.1 - Preamble

The icebag.com Website is an e-commerce space offering a service for ordering Products remotely and then preparing Products delivered (the “Service”) by the company GIMEX INTERNATIONAL (the “Company”) under the conditions defined below .

Art.2 - Purpose of the site

These general conditions (hereinafter the “General Conditions”) are concluded on the one hand by the Company making the offer and on the other hand, by any natural person representing a commercial entity.

These General Conditions define the rights and obligations of the parties in the context of the sale of all Products available on the Site.

Art.3 - Application and acceptance of the General Conditions

These General Conditions are aimed at professionals.

Any order placed on the Site necessarily entails, as a substantial and determining condition, full and unreserved acceptance of the prices and these General Conditions.

After confirming the order, the Customer acknowledges having read, understood and accepted the General Conditions without limitation or condition.

Art.4 - Database and cookies

In accordance with the provisions relating to the protection of databases, the Company is the producer and owner of all or part of the databases making up the Site.

By accessing the Site, the Customer acknowledges that the data comprising it is legally protected; it is prohibited in particular to extract, reuse, store, reproduce, represent or preserve, directly or indirectly, on any medium, by any means and in any form whatsoever, all or part qualitatively or quantitatively substantial, of the content of the databases appearing within the Site to which it accesses as well as to carry out the repeated and systematic extraction or reuse of qualitatively and quantitatively non-substantial parts when these operations clearly exceed normal conditions.

The Customer is informed that during his visits to the Site, a cookie may be automatically installed on his browser software. Cookies do not contain personal information and cannot be used to identify anyone. By browsing the Site, the Customer accepts them. However, he must give his consent to the use of certain cookies. In the absence of acceptance, the Customer is informed that certain functionalities or pages may be refused. The Customer may deactivate these cookies using the settings in their browser software.

Art.5 - Intellectual property

The brands, logos, signs as well as all the contents of the Site are subject to protection by the intellectual property code and more particularly by copyright. The Ice.bag® brand is a registered trademark.

Any representation and/or reproduction and/or partial or total exploitation of this brand, of any nature whatsoever, is totally prohibited.

The Customer must request prior authorization from the Site for any reproduction, publication, copy of the various contents. It undertakes to use the contents of the Site in a strictly private context, any use for commercial and advertising purposes is strictly prohibited.

Any total or partial representation of this Site by any means whatsoever, without the express authorization of the operator of the Website would constitute an infringement punishable by article L 335-2 et seq. of the Intellectual Property Code.

It is reminded in accordance with article L122-5 of the Intellectual Property Code that the Client who reproduces, copies or publishes protected content must cite the author and his source.

Art.6 - Computer files and data collection

The Company may ask the Customer for personal data when consulting and using the Site. This data is processed in accordance with the purposes intended during collection, namely:

• Management of forms present on the Site

• Customer account management

• Management of orders placed on the Site

The data collected is intended for the Company to enable it to manage the commercial and contractual relationship with the Client. They may also be transmitted to partners who contribute to these relationships, such as those responsible for fulfilling orders for their management, execution, processing and payment.

The Company undertakes to protect the privacy of its Customers and the information communicated to it in compliance with law no. 78-17 “Informatique et Libertés” of January 6, 1978 amended by the law of August 6, 2004. The Customer has the right to access, rectify, modify and delete personal data that the Customer has communicated to him.

The Customer can address this right by sending an email to the address: contact@icebag.com.

Subject to a breach of the above provisions, the Customer has the right to lodge a complaint with the CNIL (www.cnil.fr).

 

Terms of Sales

Art.1 - Preamble

The icebag.com website (the “Site”) is an e-commerce space offering a service for ordering Products remotely and then preparing Products delivered (the “Service”) by the company GIMEX INTERNATIONAL (the “Company”) under the conditions defined below.

Art.2 - Purpose of the Site

These general conditions of sale (hereinafter the “General Conditions”) are concluded on the one hand by the Company making the offer and on the other hand, by any professional (hereinafter the “Customer”).

According to the introductory article of the Consumer Code, the professional is understood as “any natural or legal person, public or private, who acts for purposes falling within the framework of his commercial, industrial, artisanal, liberal or agricultural activity, including when acting in the name or on behalf of another professional.”

These General Conditions define the rights and obligations of the parties in the context of the sale of all Products available on the Site.

Art.3 - Application and acceptance of the General Conditions

These General Conditions are aimed at professionals.

Any order placed on the Site necessarily entails, as a substantial and determining condition, full and unreserved acceptance of the prices and these General Conditions.

After confirming the order, the Customer acknowledges having read, understood and accepted the General Conditions without limitation or condition.

Art.4 - Creation of a customer account

For the purposes of purchasing the products available on the Site (the “Product(s”)), the Customer is required to provide personal information allowing them to be identified when creating an account or when making a payment. order.

If the Customer is placing an order for the first time and/or has not yet provided their personal information to the Company, the latter must complete a form when placing the order. Once the customer account is created, the Customer receives a confirmation email to the email address they provided when creating the customer account.

This essential information must be complete, accurate and up to date so that the order is processed correctly.

Art.5 - Products

1. Product Pages :

Each Product offered on the Site is the subject of a sheet accessible by clicking on the photograph of the product concerned. This sheet presents the essential characteristics of the Product selected in accordance with article L.111-1 of the Consumer Code.

The Customer is informed of the possibility of a difference in presentation upon delivery resulting from a modification of the commercial packaging. This difference does not in any way affect the content and characteristics of the product.

2. Photographs and illustrations:

The photos are non-contractual and variations may exist between the colors and the products delivered.

3. Availability :

The Products are offered as long as they are visible on the Site and while stocks last. In the event of product unavailability after placing an order, the Customer will be informed by email. Their order will be automatically canceled and no bank debit will be made.

Art.6 - Method of subscribing to orders and description of the purchasing process

Orders for Products are placed directly on the Site. To place an order, after the customer account has been validated by the Company, the Customer must follow the steps described below:

1. The Customer must select the Product(s) of their choice by clicking on the Product(s) concerned and choosing the desired characteristics and quantities. Once all the Products have been selected, the Customer finalizes the contents of his basket and, if necessary, modifies the quantities, adds or deletes Products. However, it is specified that the Customer will only be able to order the Products in complete boxes.
2. The Customer is invited to consult and accept all of the General Conditions.
3. The Customer then validates his basket and may have to complete the information necessary for the execution of the order by the Company, or ensure that the information communicated when opening the account is complete, accurate and up to date. The Customer is invited to check the content of his order before validating the content.
4. The Customer has the choice among several types of secure payments:

• Visa, Mastercard, Amex, Apple Pay, PayPal, Shop Pay

5. Once the payment method for the order has been validated, the Customer receives a payment confirmation email and a summary of the entire order placed. The Company reserves the right not to record a payment, and not to confirm an order for any reason whatsoever, and more particularly in the event of a supply problem or in the event of difficulty concerning the order received.

Any order confirmation entails the Customer's full acceptance of these General Conditions, without exception or reservation. All the data provided and the recorded confirmation will constitute proof of the transaction. The Customer declares to have perfect knowledge of it. The order confirmation will constitute signature and acceptance of the operations carried out.

A summary of the information on the order placed will be communicated to the Customer via the email address confirming said order.

Art.7 - Price and payment terms

The Products are invoiced in Euros on the basis of the rate in effect on the day of agreed delivery, subject to their availability, regardless of any provisions to the contrary that may appear on any document emanating from the Customer, in particular, on valued orders. .

The Company reserves the right to modify the price of the Products at any time. Any change in the VAT rate may be reflected in the price of the Products.

For the moment, orders outside the EEC require a study of the additional transport cost.

The minimum order to be eligible for free shipping is €250 excluding VAT. Otherwise, delivery costs will be payable in addition, at a rate of €20 excluding VAT, subject to the Company's agreement on the order. For Corsica, a transport supplement of €21.00 excluding VAT will be invoiced per delivery.

• Delivery costs of €20 excluding tax for mainland France.
• Fees of €41 excluding VAT for Corsica.

When payment is not made on the due date, penalties are automatically applicable, under the following conditions: production of interest at the annual rate of 12%. In the event of a disputed recovery, all costs incurred (legal costs, advisory costs, etc.) will be borne by the Client. Pursuant to the provisions of article 441-10 of the Commercial Code, the amount of the fixed compensation for recovery costs due to the Company in the event of late payment is 40 euros.

In the event of non-payment of the price of the Products or the penalties required, the Company reserves the right to refuse subsequent orders, to require immediate payment for orders in progress or to make subsequent sales subject to guarantees or conditions. more demanding payment requirements.

As soon as the Customer takes physical possession of the Products ordered, the risk of loss or damage to the Products is transferred to him.

 

Art.8 - Delivery

The Products are delivered to the delivery address indicated during the order process, within the time indicated on the order validation page.

The minimum delivery time is 5 working days. This period only runs from the day the Company is in possession of all the information necessary for the proper execution of the order. The Company therefore reserves the right not to accept an order that does not include all the information necessary for its proper execution.

Within this period, the Company will endeavor to respond to any order without a late order being binding on the Company.

Any order modification requested by the buyer can only be taken into account if it is received at least one (1) working day before the date of shipment of the Products. After this period, no changes can be made.

Delivery times are given for information purposes only.

The Company makes it possible to collect Products from its logistics center in Servon, in Seine-et-Marne.

No penalty will be due in the event of order cancellation, total or partial product unavailability or late delivery if the Company has previously notified the Customer no later than twenty-four (24) hours before the delivery date. initially planned, in writing, mail or courier.

It is up to the recipient Customer in the event of damage, loss or delay in delivery due to the fault or negligence of the carriers, even those chosen by the Company, to make any reservations (clear, precise and complete) in the presence of the driver. on the delivery slip duly dated and signed, with confirmation to the carrier by registered letter within three (3) days of delivery in accordance with article L 133-3 of the Commercial Code and to send a copy accompanied by the receipt of the delivery concerned by registered letter with acknowledgment of receipt to the Company within five (5) days of receipt of the goods, on pain of foreclosure of any claim against the Company.

Products delivered which do not conform to those mentioned in the Customer's order, accepted by the Company, will only be taken back by the Company if it has been informed in writing within four (4) days of receipt of the order. these products.

In the event of a delivery delay not attributable to the Customer, the Customer may request reimbursement for their order under the conditions provided for in article L.216-2 of the Consumer Code.

Art.9 - Product Warranty

The Company is liable for any defects in the conformity of the Products. All Products supplied by the Company benefit from the legal guarantee provided for by articles 1641 et seq. of the Civil Code (guarantee against hidden defects) and articles L.217-1 to L.217-14 and L.411-1 to L .411-2 of the Consumer Code (legal guarantee of conformity).

In the event of non-conformity/hidden defect of a Product sold, it may be returned, exchanged or refunded.

When the Customer acts under the legal guarantee of conformity, he benefits from a period of two (2) years from the delivery of the Product to act and is exempt from providing proof of the existence of the lack of conformity during the six ( 6) month following delivery of the goods.

In the event of a lack of conformity, the Customer may request replacement or repair of the Products.

The Products must be returned in their original condition and complete (packaging, accessories, instructions). Return costs will be borne by the Company upon presentation of proof.

Products modified, repaired, integrated or added by the Customer are excluded from the warranty. The warranty will not cover apparent defects and will not cover Products returned damaged during transport or due to misuse. Any complaint must be made in advance by email via the “Contact” section of the Site.

If applicable, the refund will be made within thirty (30) days of receipt of the Product by the Company by the same means of payment as that used by the Customer for the initial transaction, unless the Customer requests another means of reimbursement.

Art.10 - Return of products

Return policy :

No returns will be accepted without a return slip validated by GIMEX International headquarters.

The Customer has a period of fourteen (14) days from receipt of the order to return the unwanted Products to the Company in order to obtain a refund.

The Customer must respect the following return conditions:

• The Products must be packaged in their original packaging and accompanied by their labels;

• The returns form must be included in the package;

• Return costs are the responsibility of the Customer.

Concerning the return process to follow, the Customer must:

1. Log in to your customer account,
2. Access the “My orders” section.
3. Select the order concerned, the Products that the Customer wishes to return and the quantity.
4. Click on “Return a product”.
5. Return to your customer account, “product returns” tab then print the return slip.
6. Slide the completed return form. If this form is missing the Company will not be able to identify the order number and process the return promptly.
7. Drop off the package, have the proof of delivery stamped which will be kept.

 

Upon receipt of the package complying with the Company's return conditions, the latter will reimburse it.

The Customer will be reimbursed within fifteen (15) days from receipt of the returned Products in compliance with the return conditions.

The Customer will receive a confirmation email once the return has been validated.

Return of products for defects:

Products which have been the subject of a dispute may only be returned after express agreement from the Company.

In the event of a dispute, the Customer must facilitate any intervention by the Company to identify the defects and provide solutions. He will refrain from intervening himself or involving a third party not mandated by the Company.

Return costs are the responsibility of the Customer (and will be reimbursed if necessary by the Company in the event of non-compliance or hidden defect).

The Customer must return the Products properly protected (if possible in their original packaging), accompanied by any possible accessories. The Products must not have been used to an extent that exceeds what is necessary to establish the nature, characteristics and proper functioning of the Product. Thus, they must not bear the mark of prolonged use exceeding the time necessary for their fitting, or their test.

In the event of a duly noted defect, the Company may choose to cancel the sale or replace the defective Products. Under no circumstances will the existence of defects on an order justify non-payment for Products free of defects.

Any complaint must be made in advance by email via the “Contact” section of the Site.

Art.11 - Liability

The Products offered comply with current French legislation. The Company cannot be held liable in the event of non-compliance with the legislation of the country where the Product is delivered. It is up to the Customer to check with local authorities the possibilities of importing or using the Products that the Customer plans to order.

Furthermore, the Company cannot be held responsible for damage resulting from improper use of the purchased product.

Finally, the Company cannot be held responsible for any inconveniences or damages inherent in the use of the Internet network, in particular a breakdown of Service, an external intrusion or the presence of computer viruses.

Art.12 - Obligations of the parties

1. Customer Obligations:

The Client undertakes to use the Site in accordance with the purpose of the Site, and in particular:

The Customer undertakes to provide his personal information, accurate and up to date. As such, he acknowledges and accepts that he is solely responsible for the accuracy and updating of his personal information, and that he cannot under any circumstances hold the Company responsible for an error at the time of entering their personal information when creating or updating their Customer account.

The Client acknowledges and accepts that the Company has access to his Client account. The Customer acknowledges and accepts that he is solely responsible for the confidentiality of his identifiers allowing him to access his account. He undertakes to preserve the confidential nature of his identifiers, and to modify them immediately in the event of loss or theft.

He acknowledges and accepts that the Client is in no way responsible for the connection to the Client account by a third party. The Customer undertakes to immediately inform the Company in the event of suspicion of fraud.

In general, the Customer undertakes not to disrupt, by any means whatsoever, the proper functioning of the Site.

In the event of a malfunction or interruption of access to the Site due to the Customer, the Company reserves the right to initiate any procedure likely to put an end to the problem, on the one hand, and to obtain compensation for the damage suffered by the award of damages, where applicable, on the other hand. likewise, the Client undertakes not to download or publish on the Site, in any way, illicit content, contrary to good morals and public order, infringing the intellectual property rights of a third party, and more generally all content likely to harm the rights of a third party.

2. Obligations of the Company:

• Access to the Site

The Company uses all means to guarantee continuous access to the Site. However, the Company is authorized to interrupt access to the Site, with or without prior notification, for a specific or indefinite period, without being held responsible for any damage. The Company is in no way responsible for any damage resulting from fraudulent use of the network by a third party, nor from the proper functioning of the Customer's network.

• Content and services of the Site

The content accessible on the Site is purely informative and not exhaustive. The Company is in no way responsible for the inaccuracy, obsolescence or completeness of the content. The Company declares that it holds all useful rights to the contents of the Site.

The Company is in no way responsible for the use of the Site Services by the Client.

The Company uses all means to ensure the conservation and protection of the data provided by the Customer on their account.

The Company does not guarantee the Client against the deletion of their data and reserves the right to delete a Client account or to suspend the validity of the Client's identifiers in the event of suspicion of fraud in the General Conditions of Sale by the Client or by a third party of a similar nature. to harm the Customer's rights. These operations do not entitle the Customer to compensation.

Art.13 - Independence of clauses

Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Conditions cannot affect the validity of these General Conditions. Such a modification or decision in no way authorizes a Customer to disregard these general conditions.

All conditions not expressly addressed herein will be governed in accordance with customary practice in the retail sector, for companies whose head office is located in France.

Art.14 - Applicable law

These General Conditions are subject to French law. In the absence of amicable settlement, disputes relating to orders placed on the Site fall under the exclusive jurisdiction of the courts of Evry.

In accordance with article L.616-2 of the Consumer Code, the Company informs the Customer of the existence of the platform put online by the European Commission which aims to collect possible complaints resulting from a purchase in European Consumer Line and then transmit the cases received to the competent national ombudsmen (https://ec.europa.eu/consumers/odr/).