General Terms / Conditions of Sale

General Terms and Conditions of Sale
The products of IL ETAIT UN FIL offered on www.Iletaitunfil.com are subject to the terms and conditions of the site www.iletaitunfil.com.
The site www.iletaitunfil.com (hereafter referred to as “The Site”) is published by IMAROQ S.A.S (hereafter referred to as IMAROQ) with a capital of 5000 euros. The registered office of The Site is 14 boulevard André AUNE, Marseille 13006 and is registered with RCS Marseille under number 808 195 556. The VAT number is FR94-808195556.

The general conditions of sale exclusively govern the sale of products by IMAROQ which sell under the brand of IL ETAIT UN FIL.
The general conditions of sale of IMAROQ are susceptible to be modified at any moment and will be the only ones in vigour at the date of order.
The general conditions of sale can be consulted at any time and are applicable to all orders on The Site. In consequence, the act of passing an order implies the acceptance of the general conditions of sale.
Article 1 – Price of the Goods

1.1 – All product prices are shown in Euros and are inclusive of all tax and delivery in mainland France. For the rest of Europe an amount of €10, all charges included, will be added to the order.

1.2- IMAROQ reserves the right to modify prices at any moment, but the products will be invoiced on the basis of the tariffs in vigour at the moment of the validation of an order.
1. 3- Products remain the property of IMAROQ until the completion of payment. We remind the client that at the moment they take physical possession of a product, the risks, loss or damage to said product is transferred to the client.
1.4 – IMAROQ S.A.S n’a pas vocation à vendre à des professionnels, les produits sont réservés aux particuliers.
IMAROQ has the right to sell to private individuals only.

Article 2 –Ordering

2.1-
The site of IL ETAIT UN FIL allows you to order from IMAROQ selected products of IL ETAIT UN FIL. After an order, the client will receive an confirmation order by email. For all order queries or an exceptional order please contact customer services by email at sales@iletaitunfil.com.

2.2- The Client

Information requested will include: title, name, and telephone, email, billing and shipping addresses. When recording the client’s personal data, they must ensure the accuracy of the data submitted. In case of error IMAROQ cannot be held responsible for any failure in delivery of an order.

2.3- Products
Product offerings and prices are valid while they are visible on The Site (within the limits of available stock and constraints related to its suppliers). All products sold by IMAROQ are new and comply with current European legislation and to the standards applicable in France.

IMAROQ takes the greatest care in the presentation and description of its products. However, errors can occur on the web site and the client recognizes and accepts this.
Every effort is made to ensure the colour and pattern of IMAROQ products displayed on the websites iletaitunfil.com and The Site are faithful to the original products. However, variations may occur (especially due to colour rendering or technical limitations of IT equipment). Therefore, IMAROQ cannot be held responsible for errors or inaccuracies in the photographs or graphical representations of the products. If you have questions on any of the products you can of course contact customer services via email.
2.3- Availability
In the event of unavailability of a product after placement of an order, the client will be notified by email or telephone as soon as possible. The client will be offered a similar another item featured on the site iletaitunfil.com as a replacement or cancellation of the order.

2.4–Order validation
The client acknowledges having read and accepted the Terms and Conditions of Sale before placing an order. An order will be processed on the acceptance of the Terms and Conditions of Sale. An order summary, the Terms and Conditions of Sale and a cancellation form will be sent to the client in MS Word format via email.

2.5- Payment
We remind the client that the act of confirming an order implies an obligation on the client to pay the price indicated.

Article 3- Delivery

3.1 – All deliveries are assured via the French postal service La Poste in the delay indicated in the mail validating the order. The products will be delivered against the signature at the delivery address indicated during the order process.

3.2- Invoicing
IMAROQ offers free delivery to any destination in mainland France. For international delivery IMAROQ reserves the right to apply an additional charge of 10 euros, clearly shown on the purchase order during its validation.

3.3- Delays.
Delays indicated are approximate, corresponding to delays in the delivery process. IMAROQ cannot be held responsible to delays outside of its control.

3.4- Responsibility
We remind the client that at the moment they (or a designated third party) take physical possession of the products ordered, the risk of loss or damage to the products is transferred to the client.

3.5 –Damages
The client must notify the deliverer and IMAROQ of any damage to the delivered product (E.g. damaged packaging, already opened …). For certain reasons, notably security, IMAROQ will not process an order for which a postal box or a French CEDEX address is supplied.

Article 4- Reimbursements and returns

4.1- Reimbursements
For product returns, and in a maximum delay of 14 days after reception, IMAROQ guarantees a reimbursement. The clients benefits from a right of retraction in application of article L121-20 of the code of consummation. This is valid for products ordered on the site www.iletaitunfil.com and under presentation of the invoice. After this period of 14 days no reimbursement will be given.

In order to be reimbursed the product must be returned in its original packaging and in perfect state (no marks, no traces of wear …). The reimbursement will take place once the product is received and verified.

4.3- Returns
All return of products under guarantee must first be in agreement with IMAROQ. The product must be returned in its original packaging, in perfect state, include all accessories and be accompanied with a copy of the invoice. The client must also send the completed returns form to facilitate the return. We ask the client to warn via email the after-sales service at sales@iletaitunfil.com to obtain the returns number and instructions for the return for reimbursement or exchange.

The responsibility of the client is engaged only in respect of the depreciation of property resulting from handling other than that necessary to establish the nature, characteristics or functioning of the product. In other words, the client has the right to test the PRODUCT but could be held liable for performing actions other than those necessary. IMAROQ will not undertake the reimbursement of products for inappropriate actions on said products.

4.4- Return charges
The client must pay the cost of returning the goods. These costs include transshipment (unclaimed parcels, input error…), shipping, reconditioning and administrative up to a value of 10 Euros.
Any change in the order (address, product reference etc.) after 48 hours will be 8 Euros excluding tax.

4.5-Remboursement
Reimbursement is made in accordance with French law under article L.121-20-1.
When the right of withdrawal is exercised, the trader shall reimburse the consumer the total amount paid as soon as possible (and no later than 30 days from the date on which the right was exercised). In addition, the sum due, of right, bears interest at the legal rate. This repayment is made by any means of payment. The consumer who has exercised his right of withdrawal may however opt for another method of reimbursement.
The non-compliance by the customer to these conditions, including return or exchange, means that IMAROQ cannot proceed to the reimbursement of the products concerned.

Article 5- Guarantees and responsibilities

5.1 General
Products must be returned in the state in which received, with all associated items (accessories, packaging, manuals …). In case of damage to the product resulting from handling, other than those to establish its nature, characteristics and functioning, liability may be incurred The expenses of return are the responsibility of the client.

The product is guaranteed against manufacturing defects from the date of delivery. Any defect must be indicated by the client within one year of the discovery of the defect.

– In accordance with legal guarantees of conformity and hidden defects, products sold by IMAROQ are subject to legal safeguards and conditions laid down in French law; articles L 211-4, L 211-5 and L 211-12 of the consumer code, and by sections 1641 and 1648 of the French civil code.
Pursuant to French ordinance 2005-136 of 17 February 2005 the consumer code / civil code, is reproduced here with all applicable texts.
Art. L. 211-4. of French consumer code::
The seller must deliver goods conforming to the contract and is liable for defects of conformity upon delivery. It also addresses the lack of conformity resulting from packaging, instructions for assembly or installation when stated by the contract or carried out under the sellers responsibility.

Article L. 211-5. of French consumer code: To conform to the contract, the product must 1. Be suitable for the purpose usually associated with such a product and, where applicable: a) correspond to the description given by the seller and possess the qualities presented to the Client as a sample or model; b) The features that a client can reasonably expect given the public statements made by the seller, the producer or their representative, particularly in advertising or labeling. 2. Or have the features defined by mutual agreement by the parties or be suitable for any particular purpose for which the client made known to the seller and the latter accepted.

Art. L. 211-12. of French consumer code: French law article L. 211-12. of the consumer code: The action resulting from lack of conformity lapses two years after delivery of the goods.

Art. 1641 of the civil code :
French law article 1641 of the civil code: The seller is obliged to guarantee against hidden defects of the product sold which render it unfit for the use for which it was intended, or that decreases the use that the client would have gained, or would have paid a lower price if they had known.

Art. 1648 of the civil code : French law article 1648 paragraph 1 of the civil code: The action resulting from latent defects must be brought to attention by the purchaser within two years after discovery of the defect.
5.2- Commercial Guarantees
Warning: The purchase invoice serves as guarantee. No duplicate will be issued.
Our products are intended for individual use and are guaranteed to the exclusion of:

The AC adapter and cables
• The battery and connectors: IMAROQ offers no guarantee, either explicitly or implicitly concerning the capacity of the material to satisfy the needs of the user or the absence of error in its use. IMAROQ cannot be held responsible for damages direct or indirect of whatever nature, resulting from imperfections of the product.
• Damage linked to inappropriate use
• Breakage, loss, misuse, neglect of the product. Warranty is not assured for scratches in case of product modification,
• Damages caused by a power surge
• Damage caused by a power surge.
• Damage caused by external source; lightning, shock, excessive pressure, presence of water, sand or dust, accident, current fluctuation, computer virus, oxidation, and more generally all foreign matter in the device resulting in abnormal functioning contrary to the manufacturer’s instructions (such as those mentioned in previous sections).
• Damage caused by all software not supplied with the devices and by the connection of non-compatible devices.
• Body, material, moral or other damages

Service charges will be invoiced at 39 euros all inclusive if the repair request is not covered by the guarantee.

If the client has difficulties in use of the equipment, we ask them to visit The Site section (FAQ).
Article 6- Collection and disposal of WEEE

Pursuant to French decree No. 2005-829 dated 20 July 2005 on the disposal of electrical and electronic waste (WEEE), the client agrees to take over the collection and disposal of WEEE in accordance with Articles 21 and 22 of the decree.
Article 7-Propriété intellectuelle
The brand IL ETAIT UN FIL is registered and protected; all elements (drawings, models, illustrations, images, sound, texts, logos, brands …) making The Site are the exclusive property of IMAROQ. It is forbidden to produce in its entirety or in part, by whatever method, to distribute, publish, transmit, modify or sell all or any part of the contents of www.iletaitunfile.com, or to create works derived from the latter. All reproduction, distribution, transmission, modification or use of these brands without express and prior agreement of IMAROQ for whatever motif is forbidden.
Article 8 Limitation of Liability:

In all cases IMAROQ cannot be held responsible for damages caused by one of its products or commercial accessories. The client alone is responsible for all damage caused by the device.

Article 9 Disputes :
The Terms and Conditions of Sale are governed by and construed in accordance with French law without regard to principles of conflicts in law. These Terms and Conditions are not obstacles to compliance by IMAROQ to the existing regulations of the European Union countries where the customer has ordered, provided that they are also domiciled there. The Terms and Conditions of Sale are available in French.

En cas de litige, les tribunaux français ont compétence exclusive et vous reconnaissez accepter leur compétence exclusive. SOCIETE IMAROQ se réserve le droit de requérir et d’obtenir des injonctions ou ordonnances pour la défense de ses droits aux termes des présentes.
In case of dispute, the French courts have exclusive jurisdiction and the client hereby agrees to their exclusive jurisdiction. IMAROQ reserves the right to seek and obtain injunctions or court orders to defend its rights.

Article 8-Mandatory legal information

The client is reminded that the secrecy of correspondence is not guaranteed on the internet and that it is the responsibility of each user to take all appropriate measures to protect their own data and or software from the contamination of malware circulating on the internet.

8.1- Personal data
Conforming to French law – code 78-17 of 6 January 1978 relating to digital information, files and freedom, the web site has been declared to CNIL under number 1842398. At any given moment you possess the right of access, modification, rectification or suppression of data which concerns you (article 34 of French law dated 6th January 1978). All your account information is used only in that which concerns your commercial relation with IMAROQ. This information is never shared or sold to 3rd parties.