The present general subscription conditions (the "General Conditions") are those of INMAN, a simplified joint stock company with capital of 2367.00 euros, having its registered office at 5 rue Hannah Arendt, 67200 STRASBOURG, identified in the Strasbourg Trade and Companies Register under number 824 399 885, carrying on business under intra-Community VAT number FR76824399885 and owner of the INMAN and INSENS brands, French brands of premium and innovative bathroom equipment (hereinafter referred to as "INMAN" or "INSENS").
1. Purpose and acceptance of the general terms and conditions of sale
The General Conditions are applicable to any online order on INMAN's e-commerce website accessible at https://inman.fr/ (the "Site") of bathroom equipment and accessories (INSENS products or X-JET shower accessories such as shower head, hand shower, flexible hoses and specific hooks hereinafter referred to as the "Products") by an end consumer of legal age located in metropolitan France or in one of the other areas served by INMAN (the "Customer"). Use of the Products is governed by the General Conditions of Use, which form an integral part of these General Conditions.
The purpose of the General Conditions is to define the terms and conditions of online sales of Products by INMAN, as well as the rights and obligations of the Customer making an online purchase.
INMAN sells the Products on its Site only at retail to end consumers and professionals such as sanitary fitters, bathroom fitters, bathroom product distributors, developers/builders of individual homes, architects, interior designers, home automation solution integrators.
The General Terms and Conditions in force are accessible at any time on the Site and the Customer may save and/or print them before validating his order.
The Customer declares that he has read and unconditionally accepted the General Terms and Conditions before placing his order by ticking the appropriate box. Any validation of an order implies the Customer's acceptance of the General Terms and Conditions.
The General Conditions applicable to the purchase of Products are those in force on the date the order is placed. Any deviation from the General Terms and Conditions will only be valid after prior written agreement from INMAN.
INMAN reserves the right to update the General Terms and Conditions at any time. The new General Terms and Conditions will apply to all new deliveries made from the date they are posted online.
2. Products offered for sale on the Site
2.1 Product description
In accordance with article L. 111-1 of the French Consumer Code, the Customer has the opportunity, prior to placing an order, to familiarize himself/herself on the Site with the essential characteristics of the Product(s) he/she wishes to order.
INMAN takes great care in the presentation of the Products on the Site. Nevertheless, the photographs and graphics illustrating the Products are for illustrative purposes only and variations may occur. In the event of a manifest difference between the characteristics of the Product and its representation, INMAN cannot be held responsible.
The Customer is invited to consult the description of the Products on the Site and to contact INMAN Customer Service to obtain, if necessary, additional information.
2.2 Product availability
Products are offered within the limits of available stocks. INMAN does not guarantee the availability of the Products presented on the Site.
In the event of unavailability of one or more Products after the order has been placed, the Customer will be notified by e-mail to the e-mail address given when the order was placed, and the price corresponding to the missing Product(s) will not be debited, or, where applicable, refunded to the Customer's bank account or credit card.
If a Product is purchased as a pre-order, the Customer will be debited on the day the pre-order is placed.
3. Prices of Products communicated on the Site
The prices of the Products shown on the Site are indicated in euros, inclusive of all taxes.
Packaging and delivery costs may be invoiced additionally, depending on the value of the order, and will in any case be specified to the Customer prior to final validation of the order.
INMAN reserves the right to modify its prices at any time, without any other formality than to post the modifications on the Site, it being understood that the price invoiced to the Customer is the price indicated when the order is registered.
The conditions of an offer may be modified until the customer has validated his order in accordance with the conditions defined below. Any order modification made after a possible price modification will automatically result in the application of the new prices.
Payment must be made in full at the time of order. No order will be taken into account unless full payment has been received by this date.
4. How to order Products
To place an order on the Site, the Customer must be of legal age, have legal capacity and have a means of payment authorized by the Site.
The sale is considered definitively completed once the Customer has validated the payment and received the confirmation email.
The Customer acknowledges that, in the absence of proof to the contrary, the data recorded on the Site constitutes proof of the entire transaction between the Customer and INMAN.
5. Refusal to order
INMAN reserves the right to refuse or cancel any order, for a legitimate reason, such as a difficulty in the supply of a Product, a problem concerning the understanding of the order received (illegible document...), a foreseeable problem concerning the delivery to be made or even concerning the abnormality of the order made on the Site.
In such a case, INMAN sends the Customer an e-mail using the e-mail address communicated by the Customer at the time of the order and does not deduct the sums to be paid or, if applicable, reimburses the Customer for the sums already collected by INMAN for the disputed order.
6. Payment
All orders, whatever their origin, must be paid for online, in euros, using the authorized payment methods offered on the Site.
The Customer guarantees that he/she has the necessary authorizations to use the method of payment chosen when validating the order. Any payment incident will result in automatic cancellation of the order and/or immediate suspension of delivery of the Product(s).
7. Product delivery
7.1 Place of delivery
The Products are delivered to the delivery address indicated during the order process, at the latest 30 days after validation of your order by INMAN for delivery in mainland France. In this respect, it is reminded that (i) Products purchased in the form of a pre-order will be delivered on the date indicated on the Site and (ii) Products can be delivered in metropolitan France and in any other zone served by INMAN. To find out if the desired delivery location is one of the areas served by INMAN, please contact INMAN Customer Service at the address indicated in Article 21. No delivery will be made outside this territory.
For deliveries outside mainland France, the delivery time will be indicated in the confirmation email. Customers will be able to track the progress of their order via a tracking number.
INMAN cannot be held responsible for any damage resulting from an error by the Customer in the information provided (loss of the Product, delay in delivery, etc.).
If the Customer is not present at the delivery address indicated in the order on the day of delivery, a delivery notice is left in the Customer's mailbox, instructing the Customer to pick up the package at the carrier's office within the period indicated in the delivery notice. After this period, the parcel is returned to INMAN.
The Customer acknowledges that delivery is deemed to have taken place when the package is handed over for signature, either directly at the Customer's home or business address, or at the carrier's office, with the carrier's proof of delivery serving as proof.
7.2 Delivery times and costs
The delivery time and cost depend on the delivery method chosen by the Customer at the time of ordering.
In case of delay in the shipment of the Product(s) ordered within the period indicated on the Site, INMAN will inform the Customer, by electronic mail sent to the e-mail address indicated by the Customer at the time of his order, of the possible consequences on the delivery date initially indicated to the Customer.
INMAN cannot be held responsible for any delay in delivery attributable to the delivery services.
If the order is not delivered within the maximum delivery time indicated in the order confirmation email, the Customer has the right to cancel the order within a maximum period of sixty (60) days from the first day on which the said time limit is exceeded, and will be reimbursed for the amount of the cancelled order.
In the case of pre-orders, the delivery default period begins on the first day of the delivery date specified in the pre-order.
8. Receipt of Products
It is the Customer's responsibility to check the condition of the packaging of the Product(s) and their conformity upon delivery.
In the event of deterioration of the package or apparent anomaly (damaged, open package, etc.), the Customer must imperatively express his reservations to the carrier or the carrier's office within forty-eight hours of the delivery date and report this to INMAN Customer Service, whose contact details are given in Article 21. Depending on the case, INMAN may proceed, after examination of the Product(s) (which must be returned to INMAN within fourteen (14) days of the delivery date), with their exchange or reimbursement.
9. Right of withdrawal
In accordance with the provisions of Articles L. 121-21 et seq. of the French Consumer Code, the Customer has the legal right to withdraw within a period of fourteen (14) calendar days from the date of receipt of the Product ordered on the Site, without having to justify his reasons, by sending to INMAN Customer Service any unambiguous statement clearly expressing his wish to withdraw, or by sending the withdrawal form in the Appendix to these General Terms and Conditions of Subscription to INMAN Customer Service whose contact details are given in Article 21.
From the date of notification of his intention to withdraw under the conditions set out above, the Customer has an additional period of fourteen (14) days to return, at his own expense and under his own responsibility, the Product(s) by post or by carrier to the address indicated above.
To be eligible for a refund, the Product(s) must be returned in their original packaging and condition, accompanied by a copy of the invoice corresponding to the Product(s).
If the conditions set forth above are met, INMAN will reimburse the Customer for all sums incurred in connection with the order of the returned Products, including delivery charges calculated according to a standard delivery method, to the Customer's account or credit card used at the time of the order within fourteen (14) days of INMAN's recovery of the returned Products.
10. Warranties
INMAN is liable for defects in conformity of the Products sold under the conditions provided for in Articles L.211-4 et seq. of the French Consumer Code, as well as for hidden defects in the Products sold under the conditions provided for in Articles 1641 et seq. of the French Civil Code.
Any claim made by the Customer under the legal warranty of conformity or warranty against hidden defects must be addressed to the Customer.
When the consumer acts under the legal warranty of conformity, he has a period of two (2) years from the delivery of the Product to act.
The consumer may choose between repairing or replacing the Product, subject to the cost conditions set out in article L.211-9 of the French Consumer Code.
The consumer is exempt from having to prove the existence of the Product's lack of conformity for twenty-four (24) months following delivery of the Product.
Where applicable, the legal warranty of conformity applies independently of any commercial warranty that may have been granted.
The consumer may decide to invoke the warranty against hidden defects under article 1641 of the French Civil Code. In this case, the consumer may choose between cancellation of the sale or a reduction in the sale price in accordance with article 1644 of the French Civil Code.
11. Amicable settlement of disputes
In the event of a dispute between the parties and following the failure of a written complaint by the Customer to the customer service department (whose contact details appear in article 21) or in the absence of a response from this department within a reasonable period of one (1) month, the Customer, within a period of one (1) year from the date of his complaint, may have recourse to any alternative dispute resolution method and in particular to a mediation procedure by accessing the European online dispute resolution platform at the following address: https://ec.europa.eu/odr.
This procedure is free of charge and the customer may, at his or her own expense, be assisted by counsel. The customer is free to accept or refuse recourse to mediation and, where applicable, the solution proposed by the mediator.
12. Retention of title - Transfer of risk
INMAN reserves full ownership of the Products sold until receipt by INMAN of their full payment, fees and taxes included. The transfer to the Customer of the risks relating to the Products occurs upon receipt of the Products by the Customer, INMAN remaining responsible in the event of loss, theft, deterioration or destruction during transport.
13. Limitation of liability
The Products offered on the Site are intended for consumers.
INMAN shall not be liable for any indirect loss or damage suffered by the Customer or third parties as a result of the Products or their use.
INMAN guarantees the conformity of its Products with current French legislation but cannot be held responsible in the event of non-conformity with the legislation of the country where the Products are delivered.
INMAN shall not be held liable in the event of non-fulfillment of the order due to a case of force majeure, such as disruption, total or partial strike, in particular of means of transport and/or communication, fire, flood, etc. INMAN shall not be held liable in the event of non-fulfillment of the order due to a case of force majeure.
INMAN shall not be liable for any direct or indirect damages, whatever the cause or consequence, including loss of profits, goodwill or data, arising out of or in connection with the use of the Products.
14. Intellectual property
The intellectual property rights attached to the Products sold on the Site are and remain the exclusive property of INMAN, which grants no license or right other than that of consulting the Site and using the Products.
15. Information technology and civil liberties
The customer's personal data is required for order management and commercial relations. It may be transmitted to companies contributing to these relations, such as those in charge of fulfilling orders, for their management, execution, processing and payment. This information and data is also kept for security purposes, to comply with legal and regulatory obligations, and to improve the commercial relationship with the Customer, including the sending of commercial prospecting.
In accordance with the French Data Protection Act of January 6, 1978, as amended, and with Regulation No. 2016/679, the Customer has the right to access, rectify and object, for legitimate reasons, to personal data concerning him or her. To do so, the Customer simply needs to send an e-mail or letter to the address given in article 21, stating his/her surname, first name, e-mail address and postal address.
16. Liability
Information enabling the Customer to identify himself, such as the identifier and password, are personal and confidential. This information may only be modified on the Customer's or INMAN's initiative, in particular if the password is forgotten.
The Customer is solely responsible for the use of his identification elements and is required to keep them secret. INMAN cannot be held responsible for any disclosure on his part.
Any order placed using the Customer's login and password is deemed to have been placed by the Customer. INMAN shall in no way be held responsible for any damage caused by the disclosure of these personal and confidential data by the Customer and therefore for the use of these data by a third party.
17. Safeguard clause
Should one or more stipulations of the present General Terms and Conditions be declared invalid in application of a law or regulation or a final court decision, the other stipulations shall remain in full force and effect.
18. Transfer of rights and obligations
In the event of total or partial transfer of the activity of Société INMAN SAS, the contracts binding the Customer and Société INMAN SAS and/or successors and assigns remain binding between the parties. Contracts entered into by Société INMAN SAS may not be assigned by the Customer without the prior written consent of Société INMAN SAS.
The contracts, rights and obligations of INMAN SAS may in any case be assigned or transferred without the Customer's prior consent.
19. Advertising on the site
INMAN SAS may freely insert advertisements on its Site, and has complete freedom of choice as to the placement of these advertisements, the advertisers and the viewing of these advertisements.
20. Applicable law - Jurisdiction
The General Conditions and the contractual relations between INMAN and the Customer relating to the order of Products on the Site are subject to French law. In the event of a dispute, the French courts shall have sole jurisdiction, to the exclusion of all others.
21. INMAN Customer Service
For any questions relating to the purchase of Products and their use, requests for advice or complaints, the Customer may contact INMAN Customer Service:
- By email to contact@inman.fr
- Call 0649565926 Monday to Friday, 10 a.m. to 5 p.m.
- By post to INMAN, 5 rue Hannah Arendt, 67200 Strasbourg, France