The present general terms and conditions of Subscription (the "General Terms and Conditions") are those of INMAN, a simplified joint stock company with a 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 the number 824 399 885, operating under the 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 Terms and 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, hoses and specific hooks hereinafter referred to as the "Products") by a major end consumer located in metropolitan France or in one of the other areas served by INMAN (the "Customer"). The use of the Products is governed by the General Conditions of Use, which are an integral part of these General Conditions.
The purpose of the General Terms and Conditions is to define the terms and conditions of online sale of the Products by INMAN, as well as the rights and obligations of the Customer making an online purchase.
INMAN sells the Products present on its Site only at retail to end consumers and professionals such as sanitary installers, bathroom fitters, distributors of bathroom products, developers/constructors of individual homes, architects, interior designers, and integrators of home automation solutions.
The General Terms and Conditions in force are accessible at any time on the Site and the Customer has the possibility of saving and/or printing them before validating his order.
The Customer declares having read and unconditionally accepted the General Terms and Conditions before placing his order by ticking the box provided for this purpose, any validation of an order implies in any case the Customer's acceptance of the General Terms and Conditions.
The General Terms and Conditions applicable to the purchase of Products are those in force at 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 applying to any new delivery made from the date of their posting.
2. Products offered for sale on the Site
2.1 Description of the Products
In accordance with article L. 111-1 of the French Consumer Code, the Customer has the possibility, prior to his order, to read on the Site the essential characteristics of the Product(s) he wishes to order.
INMAN takes the utmost care in the presentation of the Products on the Site. Nevertheless, the photographs and graphics illustrating the Products are only illustrative and variations may occur. In case of obvious difference between the characteristics of the Product and its representation, INMAN's responsibility cannot be engaged in any way.
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 Availability of Products
The 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 Product(s) after the order has been placed, the Customer will be notified by e-mail to the e-mail address indicated at the time of his order 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.
In the event of purchase of a Product in the form of a pre-order, the Customer will be debited on the day the pre-order is placed.
3. Tariffs of the Products communicated on the Site
The prices of the Products appearing on the Site are indicated in euros, all taxes included.
Packaging and delivery costs may be subject to additional invoicing, depending on the amount of the order, and will in any case be specified to the Customer before the final validation of his order.
INMAN reserves the right to modify its prices at any time, without any other formality than posting the modifications on the Site, it being understood that the price invoiced to the Customer is the price indicated at the time of the order registration.
The terms and conditions of an offer are subject to change until the Customer has validated his order under the conditions defined below. Any modification of the order made after possible modification of the prices, will lead to the automatic application of the new prices.
The payment of the price is made cash with the order. No order will be taken into account in the absence of a complete payment at this date.
4. How to order the 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 as definitively formed after validation of the payment by the Customer and receipt by the Customer of the confirmation email.
The Client acknowledges that, unless proven otherwise, the data recorded on the Site constitutes proof of the entire transaction between the Client 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 supplying a Product, a problem concerning the understanding of the order received (illegible document ...), a foreseeable problem concerning the delivery to be made or due to the abnormality of the order placed on the Site.
In such a case INMAN will send the customer an e-mail using the e-mail address provided by the customer during the order process and will not charge the customer for the sums to be paid or, if applicable, reimburse the customer for the sums already received by INMAN for the disputed order.
6. Payment
All orders, regardless of their origin, must be paid for online, in euros and according to the authorized means of payment offered on the Site.
The Customer guarantees that he has the necessary authorisations to use the payment method chosen at the time of validation of the order. Any payment incident will result in the automatic cancellation of the order and/or the immediate suspension of the delivery of the Product(s).
7. Delivery of Products
7.1 Place of delivery
The Products are delivered to the delivery address indicated during the ordering process, no later than 30 days from the validation of your order by INMAN for delivery in metropolitan France. In this regard, it is recalled that (i) the Products purchased as a pre-order will be delivered on the date indicated on the Site that (ii) the Products can be delivered in metropolitan France and in any other area served by INMAN. To find out if the desired delivery location is part of the areas served by INMAN, please contact INMAN Customer Service at the address listed in Article 21. No delivery will be made outside this territory.
For any delivery outside the territory of metropolitan France, the delivery time will be indicated in the confirmation email. The Customer will be able to track the delivery of his order via a tracking number.
INMAN cannot be held responsible for damages resulting from an error by the Client in the information provided (loss of the Product, late delivery, etc.).
If the Customer is not present at the delivery address he indicated when placing his order on the day of delivery, a delivery notice will be left in his letter box, telling him to collect his parcel from the carrier's office and within the period indicated in the delivery notice. After this period, the package is returned to INMAN.
The Customer acknowledges that the delivery is considered to have been made when the package is handed over against signature, directly to the Customer's home or business address or to the carrier's office, the carrier's proof of delivery being proof of delivery.
7.2 Delivery times and costs
The delivery time and cost depend on the delivery method chosen by the Customer at the time of his order.
In case of delay in shipping the Product(s) ordered within the period indicated on the Site, INMAN will inform the Client, by e-mail sent to the e-mail address indicated by the Client when ordering, of the possible consequences on the delivery date initially indicated to the Client.
INMAN cannot be held responsible for any delay in delivery due to delivery services.
In the absence of delivery within the maximum delivery period indicated in the order confirmation email, the Customer is entitled to cancel his order within a maximum period of sixty (60) days from the first day of exceeding said period and will be refunded the amount of the cancelled order.
In the case of purchases made in the form of a pre-order, the default in delivery shall begin to run from the first day of the delivery date provided for 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 at the time of delivery.
In case of damage to the package or apparent anomaly (damaged package, open, etc..) the Customer must imperatively express his reservations to the carrier or the carrier's office within forty-eight hours following the delivery date and report it to INMAN Customer Service whose contact details are listed 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 following the delivery date), to their exchange or refund.
9. Right of withdrawal
In accordance with the provisions of Articles L. 121-21 et seq. of the Consumer Code, the Customer has the legal right to withdraw within fourteen (14) calendar days from the date of receipt of the Product ordered on the Site, without having to justify the reasons, by sending to INMAN Customer Service any unambiguous statement clearly expressing his willingness to withdraw, or by sending the withdrawal form attached to these General Conditions of Subscription to INMAN Customer Service whose contact details are listed in Article 21.
As from the notification of his intention to retract under the conditions provided for above, the Customer has an additional period of fourteen (14) days to return, at his advanced expense and under his responsibility, the Product(s) by post or by carrier to the address indicated above.
To be reimbursed, 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 above conditions are met, INMAN will reimburse the Customer for the totality of the sums incurred when ordering the returned Products, including delivery costs calculated according to a standard delivery method, to the Customer's account or credit card used when ordering within fourteen (14) days from the recovery by INMAN of the returned Products.
10. Guarantees
INMAN is held liable for defects of conformity of Products sold under the conditions provided for in articles L.211-4 and following of the Consumer Code as well as for hidden defects of Products sold under the conditions provided for in articles 1641 and following of the Civil Code.
Any request made by the Customer under the legal guarantee of conformity or the guarantee against hidden defects must be addressed to him.
When the consumer acts under a legal guarantee 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 provided for in Article L.211-9 of the French Consumer Code.
The consumer is exempt from providing proof of the existence of the Product's lack of conformity for twenty-four (24) months following delivery of the Product.
Where applicable, the legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
The consumer may decide to implement the guarantee against hidden defects within the meaning of Article 1641 of the Civil Code. In this case, the consumer can choose between cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
11. Amicable settlement of disputes
In the event of a dispute between the parties and following the failure of a Customer's written complaint to the Customer Service (whose contact details appear in Article 21) or in the absence of a response from this service within a reasonable period of one (1) month, the Customer, within one (1) year of his complaint, may resort 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 own expense, be assisted by counsel. The Customer is free to accept or refuse the recourse to mediation and, where appropriate, the solution proposed by the mediator.
12. Retention of title - Transfer of risk
INMAN reserves full ownership of the Products sold until INMAN has received full payment, including fees and taxes. The transfer to the Customer of the risks relating to the Products takes place upon receipt of the Products by the Customer, INMAN remaining liable in case of loss, theft, damage or destruction during transport.
13. Limitation of Liability
The Products offered on the Site are intended for consumers.
INMAN cannot be held responsible for any indirect loss or damage suffered by the Client or third parties as a result of the Products or their use.
INMAN guarantees the compliance of its Products with current French legislation but shall in no way be held liable for any failure to comply with the laws of the country where the Products are delivered.
INMAN cannot be held responsible in case of non-performance of the order due to a case of force majeure, such as disruption, total or partial strike especially of the means of transport and / or communication, fire, flooding etc..
INMAN shall in no way be held liable for any direct or indirect damage, whatever the cause or consequences thereof, including but not limited to loss of profits, goodwill or data that may occur as a result of using 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 does not grant any license or any other right other than that of consulting the Site and using the Products.
15. Data processing and liberties
The Customer's personal data are necessary for the management of the order and for commercial relations. They may be transmitted to companies that contribute to these relations such as those responsible for the execution of orders for their management, execution, processing and payment. This information and data is also kept for security purposes, in order 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 6 January 1978 as amended and Regulation No. 2016/679, the Customer has the right to access, rectify and oppose, for legitimate reasons, personal data concerning him/her. It is sufficient for the Customer to write by email or post to the address given in Article 21, indicating his or her surname, first name, email and postal address.
16. Responsibility
The information allowing the Customer to identify himself, such as the identifier and the password, is personal and confidential. This information can only be modified at the initiative of the Client or INMAN, particularly if the password is forgotten.
The Customer is solely responsible for the use of his identification elements, he is obliged to keep them secret. Any disclosure on his part can in no way be blamed on INMAN.
Any order placed using the Customer's login and password is deemed to have been placed by the Customer. INMAN cannot be held responsible for any damage caused by the disclosure of these personal and confidential data by the Client and therefore for the use of these data by a third party.
17. Safeguard clause
If one or more stipulations of the present General Terms and Conditions were to be declared invalid in application of a law or regulation or a final court decision, the other stipulations would retain their force and scope.
18. Transfer of rights and obligations
In the event of total or partial transfer of the business of the Company INMAN SAS, the contracts between the Client and the Company INMAN SAS and/or successors and assigns remain binding between the parties. The contracts concluded by the Company INMAN may not be transferred by the Client without the prior written consent of the Company INMAN SAS.
The contracts, rights and obligations of the Company INMAN SAS may in any case be assigned or transferred without prior consent of the Client.
19. Advertising on the site
The Company INMAN SAS can freely insert advertising on its Site, and has complete freedom of choice as to the layout of these advertisements, the advertisers as well as the viewing of these advertisements.
20. Applicable law - Jurisdiction
The General Terms and Conditions and the contractual relationship between INMAN and the Customer relating to the order of Products on the Site are subject to French law. In case of dispute, the French courts will have exclusive jurisdiction, to the exclusion of any other.
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 at contact@inman.fr
- By phone at 0649565926 from Monday to Friday, from 10am to 5pm.
- By post to INMAN, 5 rue Hannah Arendt, 67200 Strasbourg, France.