Terms of Sales

SCOPE

These General Terms and Conditions of Sale are those of the company STUDIO IMAE, a limited liability company with share capital of 5,000 Euros, whose registered office is located at 74 chemin de village, 84470 Châteauneuf de Gadagne (France), registered in the commercial register and companies under number 912 478 302 RCS Avignon. Its SIRET number is 912 478 302 00017 and its intra-community VAT number is FR52 912 478 302.

The purchase of products offered on the website www.imae-swim.com is subject to these general conditions of sale and by using this site, you agree to these conditions.

STUDIO IMAE may at any time update these General Conditions of Sale. You can read the version of the General Conditions of Sale in force at any time by clicking on the linkhttps://www.imae-swim.com/cgv. The General Conditions of Sale in force at the time of the conclusion of the sales contract are those which are binding on you.

In addition, with each purchase of Products on the Site, it is implied that you accept these General Conditions of Sale in force on the date of placing your order. These general conditions can be viewed before the order.

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FORMATION OF CONTRACT

No contract will subsist between you and STUDIO IMAE for the sale of products until you receive confirmation of your order in the form of a receipt confirming the details of your order. Once you have received confirmation there will be a legal contract between us. STUDIO IMAE products are exclusively intended for sale to end consumers who are natural or legal persons. Consequently, the Customer affirms that he acts as an end consumer and that he does not intend to resell IMAE products for commercial purposes. The products referenced on this site are available for delivery in mainland France and Monaco only.

Online payment by credit card is made through the company Stripe. The data recorded by the Stripe payment system constitutes proof of financial transactions carried out by credit card. Stripe does not transmit credit card data to STUDIO IMAE.

 

PRODUCT AVAILABILITY

Our Product offers and prices are valid as long as they are visible on the Site, within the limits of available stocks. The characteristics of the products are indicated in the product sheets and we inform you that the images, photos, and colors may differ from the actual colors of the products under the effect of a browser or a screen.

Errors or modifications may exceptionally exist, in particular in the case of simultaneous orders for the same Product by several Customers. In the event of unavailability of a product after placing your order, we will inform you of this by e-mail or telephone as soon as possible, offering you either to order another Product presented on the Site as a replacement, or to cancel your order.

STUDIO IMAE incurs no liability in the event of out of stock or unavailability of Products for orders not yet accepted by STUDIO IMAE.

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PRICE AND METHOD OF PAYMENT

The rates in force are expressed inclusive of tax, STUDIO OMAE reserving the right to postpone any new tax and rate increase. The prices displayed on the Site are in euros and may vary over time.

Payment for products is made by credit card (VISA, MASTERCARD).

With regard to purchases of single products, the full amount is required when ordering, regardless of the means of payment chosen by the customer.

Payment by card is entrusted to the company Stripe. The entry of your credit card number as well as its expiry date and cryptogram are done on a highly secure page directly from Stripe. The Site does not store any card number.

Stripe's payment processing is certified PCI/DSS compliant by Visa and Mastercard. This certification specifies the application of the most rigorous security rules in order to protect Customers' bank card data.

All card numbers are encrypted on disk with AES-256. Stripe's infrastructure for storing, decrypting, and transmitting card numbers runs independently, without sharing any sensitive information with Stripe's core services.

The debit on the customer's bank card will be made in euros when the order is accepted by Stripe.

 

DELIVERY

Products purchased on the Site can be delivered in mainland France and Monaco.

The products are delivered to the address indicated by the Customer when ordering.

• Shipping costs

The prices indicated on the site do not include shipping costs. The delivery is free from 200€ of purchase only for a Colissimo delivery in metropolitan France and Monaco.

• Delivery time and terms

Deliveries are made via the services of La Poste according to the Colissimo system.

STUDIO IMAE undertakes to respect an average period of 7 working days from the act of order. But this does not constitute, in any case, a strict deadline. STUDIO IMAE cannot be held liable in the event of inappropriate late delivery due to the postal services.

• Late delivery / Loss of package

Any order not received by the final recipient within the time indicated may be reported via the "Contact" module of the imae-swim.com site or via email.contact@imae-swim.com. A solution will then be provided. If the opening of a carrier investigation was necessary (abnormal delivery time, undelivered parcel, etc.), no refund can be made as long as the investigation is in progress. The duration of the investigation can range from 21 days for metropolitan France.

If during this period, the product is found, it will be immediately redirected to your home.

If, on the other hand, the product is not found at the end of the investigation period, the Post Office considers the package as lost. Only then can we send you a replacement product, at our expense. If the product(s) ordered were no longer available at that time, we will refund the amount of the products concerned by the carrier's loss.

In the event of partial delivery, this right to reimbursement only concerns products not delivered within an order.

• Place of delivery

The products will be sent to the delivery address that the Customer has indicated during the ordering process.

In the event of an error in the wording of the Customer's contact details, STUDIO IMAE cannot be held responsible for the impossibility of delivering the Product(s) ordered.

The invoice for the purchase will be sent by email. This invoice will include the price of the product(s), delivery costs and VAT.

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RIGHT TO RETRACT

You have a legal right of withdrawal that you can exercise under the conditions provided for in Articles L. 121-21, L. 121-21-1 and L. 121-21-2 of the Consumer Code. You have a period of 14 days to return to us, at your expense, the unsuitable products. This period runs from the day of delivery of the order. If this period expires on a Saturday, a Sunday or a holiday or non-working day, it is extended until the first following working day.

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RETURN & REFUND

Any return request must be made by sending us an email to contact@imae-swim.com indicating the order number and the reason for the return.

The product must be returned to the following address:

IMAE-STUDIO

74 Village Road

 84470 Châteauneuf de Gadagne

Only products returned as a whole will be taken back, in their complete and intact original packaging, and in perfect condition for resale. Any product that has been damaged, or whose original packaging has been damaged, will not be refunded or exchanged. This right of withdrawal is exercised without penalty, with the exception of return costs. In the event of the exercise of the right of withdrawal, you have the choice to request either the reimbursement of the sums paid, or the exchange of the product. In the case of an exchange, the reshipment will be at your expense.

• Refund

In the event of a refund request, STUDIO IMAE will make every effort to refund you within 15 days once the products have been received, checked and accepted by our departments. , reimbursement of returned Products at the invoice price will be made by crediting the amount to be reimbursed to the Customer's bank account debited during the transaction.

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PRODUCT WARRANTY

• Legal warranty against hidden defects

If the Product is affected by a latent defect, you are entitled to act on the basis of the guarantee provided for by articles 1641 and following of the Civil Code for two years from the discovery of the defect. A latent defect implies that it renders the Product unsuitable for the use for which it is intended, or that it hinders its use in such a way that you would not have bought it or would have only given a lower price for it if you were aware of the defect. It also implies that you did not know the defect existed at the time you purchased the Product.

• Legal guarantee of conformity

As a consumer, you benefit from the legal guarantee of conformity under the conditions of article L. 217-4 and following of the Consumer Code. The legal guarantee protects the consumer when he buys a product which does not conform to its description, or which is not suitable for the use normally intended, due to lack of conformity at the time of delivery. You have two years from the delivery of a Product to act on the basis of the legal guarantee of conformity. You can request repair or replacement of the Product, except under the provisions of Article L. 217-9 paragraph 2 of the Consumer Code. If repair or replacement of the Product is impossible, you can promptly return the Product to us to be entitled to a full refund.  During the 24 months following delivery, you do not have to provide proof of the existence of the alleged defect.

Except as expressly provided in these Terms and to the fullest extent permitted by applicable law, we expressly disclaim all other warranties or conditions, whether made orally or in writing, including, but not limited to, regarding accuracy, timeliness, completeness, results, performance, freedom from error or interruption of performance, title, non-infringement, quality, quality of information, enjoyment peace, merchantability, or fitness for a particular purpose (even if advised of such purpose), and all express or implied representations, warranties, or other conditions arising out of the course of performance, conduct of business or trade usage.

 

MEMBER ACCOUNT

To access and use certain sections and features of our Site, you must first register and create an account (“Member Account”). You must provide accurate and complete information when creating your Member Account.

If someone other than yourself accesses your Member Account and/or any of your settings, they will be able to perform all actions available to you, including making changes to your Member Account. Therefore, we strongly encourage you to keep your Member Account login credentials secure. All such activities may be deemed to have taken place in your name and on your behalf, and you shall be solely responsible for all activities that take place on your Member Account, whether or not specifically authorized by you, and for all damages , expenses or losses that may result from these activities. You are responsible for activities performed on your Member Account in the manner described if you permitted the use of your Member Account through negligence, by failing to take reasonable care to safeguard your login credentials.

You can create and access your Member Account through a dedicated web page or by using a third-party platform such as Facebook (the "Social Network Account"). If you register through a third-party platform account, you authorize us to access certain information about you, which is stored in your Social Network Account.

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INTELLECTUAL PROPERTY

Our Services and related content (and any derivative works or enhancements thereof), including but not limited to all text, artwork, files, images, software, scripts, graphics, photos, sounds, music , videos, information, content, materials, products, services, URLs, technologies, documentations, trademarks, service marks, trade names and trade dress and interactive features, and all intellectual property rights therein, are our property or under our license (collectively, “Our intellectual property”), and nothing herein grants you any rights in connection with Our intellectual property. Except as expressly provided herein or required by mandatory provisions of applicable law for use of the Services, you shall not acquire any right, title or interest in Our Intellectual Property. All rights not expressly granted in these Terms are expressly reserved.

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LIMITATION OF LIABILITY

Under no circumstances can STUDIO IMAE be held liable for any damage that does not result from a breach by STUDIO IMAE of one of its obligations. The information contained in this site may contain technical inaccuracies or translation or typographical errors and www.imae-swim.com cannot be held responsible for them. In addition, we have no duty to update this site or its contents and would not be responsible for the lack of update.

We cannot be held liable for any delay or breach of our obligations arising from these Terms if such delay or breach results from a cause beyond our control and/or a case of force majeure within the meaning of article 1216 of the Civil Code. 

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ENTIRE AGREEMENT

These terms and conditions constitute the entire agreement between you and www.imae-swim.com relating to the subjects covered. It should be noted that no statement made by an agent of www.imae-swim.com can be accepted as a variation of these terms and conditions or a representation of the products sold by www.imae-swim.com can not be responsible to anyone for the inaccuracy of such representation.

 

LINKS TO THIRD-PARTY SITES

The Services may include links that take you out of the Site. Unless otherwise stated, the linked sites are not under our control and we are not responsible for their content, or any links they contain, or any changes or updates to them. We are not responsible for any transmissions received from linked sites. Links to third party sites are provided for convenience only. If we add links to other websites this does not mean that we endorse their owners or their content.

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APPLICABLE LAW

These General Conditions of Use are governed and interpreted in accordance with French law in accordance with EC Regulation 593/2008 of June 17, 2008. These General Conditions of Use are written in French.

If you wish to draw our attention to a subject, a complaint or a question concerning our site, contact us at contact@imae-swim.com

If, after contacting us, you believe that the problem is not resolved, you will have the right to use the consumer mediation procedure in the event of a dispute, in accordance with articles L.611-1 and following of the Code of the consumption. To submit your request to the consumer mediator, complete the online dispute resolution form accessible at the following address: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

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MISCELLANEOUS

No waiver of any breach or default hereunder shall be deemed a waiver of any prior or subsequent breach or default.

The section titles used in these Terms are for convenience only and have no legal substance.

Unless otherwise stated, if any part of these Terms is determined to be illegal or unenforceable for any reason, it is agreed that that part of these Terms will be severed, the other terms of these Terms will not be affected and will remain in force.

By accepting the Conditions, you undertake not to contest the probative value of the documents exchanged via the Site, on the basis of their electronic nature. Computerized records are considered proof of communications, orders and payments made between us.

Your acceptance of the Conditions is equivalent to an agreement of proof, within the meaning of article 1368 of the Civil Code.

Contact us

To contact us, send an e-mail to contact@imae-swim.com or send a letter to:

IMAE-STUDIO

74 Village Road

 84470 Châteauneuf de Gadagne