ARTICLE 1 - Field of application
The present general conditions of sale apply, without restriction nor reserve on the whole of the products offered by IIKS to its Internet site by-saad.com. These products and services are as follows: Argan oil products, Rhassoul Ghassoul Clay, Black soap and Hammam Accessories. Consequently, the fact for a person or entity, to order on the internet site handled by IIKS carries full acceptance of these general conditions of sale.
They are constantly accessible on this Internet site and will prevail, if necessary, on any other version. The products are offered with the sale on the only European Union and North America territories. The present general conditions of sale will remain in force until the 31/12/2013.
IIKS reserves the possibility of constantly adapting or of modifying the present general conditions of sale. In the event of modification, it will be applied to each order the general conditions of sales at the day of the order.
The site is the property of the company IIKS private limited. Any reproduction, integral or partial, are systematically subjected to the authorization of the owners.
ARTICLE 2 - Prices and orders on the website
The prices on the internet site are expressed in Euros and including all taxes. They do not include/understand the transport charges. IIKS reserves the right to modify these prices constantly, in particular because of the variation of the prices of its own suppliers. The price indicated in the confirmation of order by IIKS is the final price. The payment itself will be regarded as final only after effective cashing of the funds by IIKS. The system of automatic recording is the proof of the nature, the contents and the date of the order. IIKS confirms the acceptance of its order to the customer with the address email that this one will have communicated. The sale will be concluded only as from the confirmation of order. IIKS reserves the right to cancel any order of a customer with whom would exist a litigation relating to the payment of a former order.
The wrong information from the buyer given at the time of the order engages this one: in the event of error in the delivery address, the salesman could not be held responsible for the impossibility to deliver the product. Purchase order signed by the consumer with the “double click” constitutes an irrevocable acceptance which can be called into question only within the limits of the present general conditions of sale as well as the “right to retract” and “out-of-stock condition”.
The “double click” associated with the procedure of identification and non-repudiation constitutes an electronic signature. This electronic signature has value between the parts as a handwritten signature. Except particular agreement, any modification of the order by the customer can be taken into account only if it arrives in writing with IIKS before the effective cashing of the price.
On the assumption that this modification would not be accepted by IIKS, the sums paid by the customer will be restored to him.
ARTICLE 3 - Payment of the price
Either credit card or Paypal payment transaction is managed by PAYPAL, the partner of IIKS and the most trusted name on online payments. Wire transfer payments are possible through Paypal as well. As Paypal makes payments safer and easier, clients do not need any Paypal account in order to pay on the by-saad.com website.
Within the framework of the fight against the frauds on Internet, information relating to your order will be transmitted to PAYPAL for checking. The non-transmission of the data in connection with your order prevents the realization and your transaction analyzes.
The supervening of unpaid with the reason for a fraudulent use of a bank card will involve the inscription of the data in connection with your order associated with this unpaid within an incidental file with payment implemented by PAYPAL.
In accordance with the Data-processing law and freedoms of January 6, 1978 you lay out, constantly, of a right of access, of correction, and opposition to the whole of your personal data while writing, by mail and by justifying your identity, to IIKS 39 rue de la grande fusterie 84000 Avignon.
IIKS cannot be regarded as person in charge for the damages related to an error in the output sums, that these damages find their cause in a breakdown or a technical problem related to Internet network . IIKS reserves the right to refuse to carry out a delivery or to deliver an order emanating with a consumer who would not have regulated completely or partially a preceding order or with which a litigation of payment would be in the course of administration.
ARTICLE 4 - Shipping / Delivery
After confirmation of order IIKS is committed delivering with the Post office all the references ordered by the purchaser within maximum 3 weeks.
The Post office is committed by contract with IIKS to deliver the order to the address that the purchaser provided to IIKS. The charge may be based on the value of the shipment and the location of recipient.
IIKS through by-saad.com is committed making its best efforts to deliver the products ordered by the customer within the times specified above.
These deadlines are communicated as an indication and a possible going beyond will be able to give place to no damage, reserve or cancellation of the order by the customer. However, if the ordered products were not delivered within 3 weeks after the indicative date of delivery, for very other causes that the cause beyond control, the sale could be solved at the written request of the customer or the supplier.
The sums paid by the customer will then be restored to him without delay, without any compensation or reserve. The delivery is released when IIKS remits the goods to the conveyor.
The possible delays do not give the right to the purchaser to claim damages. In the cases of a technical product, the customer will particularly take care to check the correct operation of the delivered apparatus, with reading the note of employment which is provided to him. In the event of apparent defects, the purchaser profits from the right to repossess under the conditions envisaged in this document. Are regarded as case of absolute necessity discharging the salesman from his obligation to deliver, the war, the riot, the fire, the strikes, the accidents and impossibility of being supplied. The goods always travel to the risks and dangers of the recipient, even when the order is addressed to another recipient.
Always check your parcel on arrival. You have a 48 hours deadline as from the delivery to form a complaint near the conveyor in the event of lacking product or degradation of the delivered products. At the end of this period, the products will be considered in conformity and free from very vice apparent. An order can be delivered in several times to the customer. The customer does not regulate whereas only one delivery. If the customer wishes 2 places of delivery, it places 2 orders, with the respective expenses of delivery to the two orders.
ARTICLE 5 - Property Transfer - Risks Transfer
The transfer of property of the products of IIKS, with the profit of the purchaser, will be carried out only after complete payment of the price by this last, and this whatever the produced of the aforesaid delivery date.
On the other hand, the transfer of the risks of loss and deterioration of the products of IIKS will be carried out as of handing-over of the products to the conveyor.
ARTICLE 6 - Right to retract
The customer has 7 days to retract and return item(s) to the expeditor: Customer service IIKS WEB ,39 rue de la grande fusterie 84000 Avignon – France.
Any exchange or refunding will be accepted, only under the condition that the products are returned in their packing of origin and in perfect state within the 10 days of the delivery.
The expenses of return will be the exclusive responsibility of the customer. IIKS is not responsible for the lost returns, the parcel must be sent in recommended with acknowledgement of delivery IIKS is held with the exchange or the refunding of the sums paid by the customer, without expenses, except for the expenses of return.
Refunding is due within maximum 1 month. However, the incomplete products, damaged products or dirtied will not be taken again.
ARTICLE 7 - Responsability of the supplier - Guarantee
1) IIKS assumes with regard to the customer, the responsibility related with the delivered products, in accordance with the regulation in force, and guarantees, consequently, this one against any complaint or claim, legal or friendly, resulting as well from the damage caused with the goods as of the damage caused with the people, because of the known as products “or services”.
2) IIKS also guarantees, in accordance with the legal provisions, the customer, against very vice hidden affecting the delivered products “or the services provided” and making them unsuitable to the use, as well as detrimental consequences while resulting. In order to take advantage of its rights, the customer will have, under penalty of forfeiture of any action referring itself to it, to inform the Supplier, in writing, of the existence of the defects within 10 maximum day as from their discovery. IIKS does not guarantee the customer, under them hidden defects which can affect the delivered products, that within the framework of a replacement of the defective products, or parts making them unsuitable with use, without being able to be considered by the customer as responsible for the possible detrimental consequences that these hidden defects could have involved.
3) The market products on Internet site are in conformity with the regulation in force in France. The customer is only responsible for the choice of the products, their conservation and their use.
4) IIKS will not be regarded as person in charge nor failing for any consecutive delay or inexecution with supervening for a case of absolute necessity usually recognized by French jurisprudence.
ARTICLE 8 - Data Processing
Pursuant to the law n° 78-17 of January 6, 1978 , it is recalled that the personal data which are requested from the customer are necessary to the treatment of its order and are intended for an internal use by IIKS. These personal data can nevertheless be transmitted to thirds, partners of the supplier.
The customer thus has a right of access, of modification, correction and opposition being information relating to it which it will address by normal mail to company IIKS. This data-processing treatment was the declaration object at the CNIL (Data-processing National Commission and Freedoms), under the number 1037627.
This right of correction could be exerted on request sent by e-mail to the following address: firstname.lastname@example.org
ARTICLE 9 - Company contact information
Registered office and Customer service: IIKS WEB , 39 rue de la grande fusterie 84000 Avignon FRANCE
ARTICLE 10 - Litigations
This contract is subjected to the French Law. IIKS cannot be held for person in charge for the damage of any nature, as well materials as immaterial or body, which could result from a faulty operation or misuse of the marketed products. It is the same for the possible modifications for the products resulting from the manufacturers.
The responsibility for IIKS will be, in any event, limited to the amount of the order and could not be blamed for simple errors or omissions which could have remained despite everything the precautions taken in the presentation of the products.
In the event of difficulties in the application of this contract, the purchaser with the possibility, before any action at law, to seek a friendly solution in particular with the assistance: of a trade association of the branch, an association of consumers or any other council of his choice.
One is reminded that the search for the friendly solution does not stop the “short time” of the legal guarantee, nor contractual warranty period.
One is reminded that in general and subject to the appreciation of the Courts, the respect of the provisions of this contract relating to the contractual guarantee supposes that the purchaser honours his financial commitments towards the salesman.
The complaints or disputes will be always received with attentive benevolence, the good faith being always supposed at that which takes the trouble to make a statement on its situations. In the event of litigation, the customer will address himself in priority to the company to obtain a friendly solution. Failing this, the Commercial court of Paris is only qualified, whatever the place of delivery and the mode of payment accepted.
ARTICLE 11 - Applicable laws
All the clauses appearing in the present general conditions of sale, like all the operations of purchase and sale which are aimed there, will be subjected to the French right