(translated from French)
These General Terms and Conditions (GTC) govern all sales concluded between Itchgo ETI SA and its customers, also known as Buyers.
As a result, placing an order on itchgo.eu website implies Buyer's acceptance of these GTC. The fact that Itchgo does not prevail, at a given moment, of one of the conditions of the present GTC, can not be interpreted as being worth renunciation to take advantage later of this last.
Orders entered by Buyer and recorded automatically by the system shall contain:
- Precise indication of the place of invoicing and delivery,
- A date and an order number,
- The name and contact details of the person who ordered the order
- The references and the number of Itchgo products , as well as a brief description of the products.
- The price excluding VAT, the amount of VAT and the price including all products and delivery charges .
Upon registration of the order, the Buyer receives an e mail confirmation of the latter indicating the price and availability of products ordered. Unless otherwise specified by the Buyer, the products, prices and conditions mentioned on the order confirmation Itchgo will remain only contractual.
Any order placed by phone will be confirmed, by email, within 48 hours maximum.
All prices listed on the website www.itchgo.eu includes VAT , in Euros or US Dollars , for delivery in Metropolitan France , in Europe or in the rest of the world ;
The products for sale are those listed on the website www.itchgo.eu , which reserves the right to modify at any time the range of products. The characteristics of dimensions, weights, photos, graphic representations specified on the site and in its publications are only indicative. Itchgo reserves the right to replace the product referred to in the order even after receipt of the order without, however, affecting the essential characteristics of the product under consideration.
Discounts granted to the Buyer will not necessarily apply in the event of subsequent price reductions. Discounts may only be used in conjunction with other commercial promotions or discount offers with the prior consent of Itchgo .
Orders are delivered by tracking package with tracking number to follow the delivery steps .
Orders placed in metropolitan France are delivered between 2 and 5 working days maximum after validation of the order, in the European Union between 3 and 8 working days , in the rest of the world between 7 and 21 working days , subject to availability of products. Late penalties are excluded .
The Itchgo order confirmation will indicate to the Buyer the items out of stock. Partial delivery of the order may be made upon request of the Buyer. For any outage of more than two weeks s , Itchgo Customer Service will contact the Buyer to specify the actual delivery time or offer him a replacement item at equivalent price.
Out of catalog articles and services
All non-catalog items and services will be the subject of a quotation or specific agreement with an indication of the foreseeable delivery time.
Shipping costs .
European Union : 4,90 EUR including VAT
Europe outside the EU and rest of the world : 9,90 EUR including VAT
The products will be delivered to the address indicated by the Buyer on the order form. The choice of the mode of transport will return to Itchgo according to the weight and / or the volume of the products , however Itchgo favors the Post office . Itchgo reminds the Buyer that he is obliged to make sure that he has mentioned all the information needed for the delivery of his order and that he can not be held responsible in the event of incorrect transmission of information.
In accordance with the law, the transfer of risk takes place immediately upon shipment. The ordered goods travel at the recipient's risk, whatever the shipping method and even if their prices are established free.
If the Buyer changes his mind or is mistaken, he has 14 days after receipt of his order to return the product that is not suitable, carriage paid, in its original packaging in new condition.
Only articles listed on the catalog and the website www. itchgo.eu are eligible for a refund. This provision does not apply to custom items, out of catalog or ordered at the express request of the Buyer.
No return will be accepted without a prior agreement of our customer service reachable on the website via the contact form, by email to the following email address: retour @ itchgo.eu or by phone at +33 (0) 4 23 11 00 38 .
If the returned product is not in its original condition, Itchgo reserves the right to apply a discount on the refund according to the following rules:
If the original packaging is damaged, the product will only be refunded at 50% of its value,
If the product proves to be unusable, it will not be subject to any refund.
If the returned product is due to the responsibility of Itchgo , it will proceed to the refund of the product, excluding possible shipping and return.
No complaint will be admissible if it is not formulated with our Customer Service on the site with the contact form, by email to the following email address: support @ itchgo.eu or by phone +33 (0) 4 23 11 00 38.
In accordance with art. 133-3 of the French Commercial Code, it is up to the Buyer to check the delivery.
In case of damage or missing package, it is the responsibility of the Buyer to make all the necessary precise and detailed findings (article concerned, type of damage noted etc.) on the transport voucher in the presence of the deliveryman, then the confirm by writing, to Itchgo , sent by registered mail or at least by mail to the following e- mail address : support @ itchgo.eu within 48 hours .
It is the Buyer's responsibility to verify that the package received has not been opened or refurbished.
Important: without respecting this procedure, Itchgo reserves the right to refuse any compensation or replacement of defective goods. It is sometimes preferable in case of doubt to refuse the package than to accept it without indicating the appropriate reservations.
The price of the products is payable in cash by one of the means of payment proposed on the site or specified by phone on the day of placing the order.
As a protection against fraudulent use of payment used for the transaction in particular following a piracy against possible challenges that the payment of the price of an order is provided by our banking providers.
The order validated by the customer becomes effective only when the secure bank payment center has agreed on the implementation of the transaction. In case of refusal of the secure bank payment center, the order will be automatically canceled and the customer notified by email.
Ordering information is subject to automated data processing. This automated data processing is intended to fight against credit card fraud. Cock Helper is the recipient of the data related to the order. The lack of data transmission in relation to the order prevents the realization and analysis of the transaction. In case of fraudulent use of a credit card, irregular declaration or anomaly, the details related to the order associated with this unpaid may be registered in an incident payment file.
Within the European Union, interest will be applied to overdue balances at the maximum rate defined by the national regulations enacted by the European directives which govern late payments in the context of commercial transactions. Outside the European Union, interest will be applied at the lower of the following rates: 10% per year or maximum rate allowed by law.
This contract will be subject to a provision that if, at any time thereafter, the supplier is informed of circumstances calling into question the solvency of the Buyer, if no satisfactory payment guarantee can be given on request or If the Buyer has a late payment for other goods, the supplier may ask the Buyer to pay part or all of the purchase price in advance, as well as the full price of all other goods. goods sold to the Buyer by the supplier. This contract will be suspended until these regulations are made. In the event that these regulations do not occur within a reasonable time specified by the supplier, the supplier may cancel the Buyer's order without incurring liability, and the Purchaser will be liable for the resulting losses to the supplier. .
The Buyer can not deduct or offset the amounts that are or will be due to him under a claim made by the supplier against him.
Itchgo is authorized to adjust prices adequately after ordering in the event that production costs increase or decrease, especially in the event of changes in labor costs due to the conclusion of labor agreements or changes in the price of production materials. The modifications concerned will be presented to the Buyer.
The Supplier warrants that all goods will be free from defects in workmanship and materials for a period of twelve (12) months from the date of delivery of the original goods (and not replacement goods) by the supplier (" Guarantee").
The Warranty does not apply if (A) the defect arises from the use or handling of the goods in a manner, under circumstances or for purposes other than those approved or ordered by Itchgo ; or if (B) the goods are misused or neglected, or where there is evidence of falsification, mishandling, alteration, neglect, accidental damage, alteration or repair without approval from the supplier. In addition, warranty claims are not permitted for natural wear and tear.
The above warranty replaces all other warranties, express or implied, oral or written, including, without limitation, the implied warranties of merchantability, fitness has a specific job and title. The limited warranty replaces all other responsibilities or obligations of the supplier in the event of loss, expense , inconvenience or damage (special, indirect, secondary or consequential) resulting from the possession or use of the goods. When goods are returned, repair, replacement or credit, less reasonable wear and tear (at the discretion of the supplier), are the only remedies available to the buyer against such loss, expense, inconvenience or damage. Buyer acknowledges that the purchase price has been negotiated to reflect this acceptance of risk, and waives any rights it may otherwise have in relation to matters covered by this paragraph.
To exercise its right to the guarantee of the product purchased , the customer must first notify Itchgo by email or by using the contact form of the site enclosing a copy of the invoice. The customer can choose between repair and replacement of the non-conforming good. In the event of a clear cost difference between repair and replacement of the non-conforming good, Itchgo may impose the least expensive solution. If the repair or replacement is impossible (production stopped), can not be implemented in the month following the complaint or create a major inconvenience to the customer, Itchgo will make a full refund .
The Supplier shall not be held liable for consequential, special or consequential damages, whether the damage has been notified or not, foreseeable or unforeseeable, whether based on the loss of profits related to the resale, the loss of commercial opportunities, the loss of anticipated savings, the loss of reputation, the deprivation of the enjoyment of sums of money, a work stoppage, the depreciation of other assets or other, that they result from a breach of guarantee , breach of contract, strict liability in tort, negligence, misrepresentation or otherwise, except where the law in force imposes such liability.
Itchgo's overall liability for all claims, liabilities, expenses and other damages or remedies arising out of this Agreement (collectively referred to as "claims"), whether such claims are based on a contract, negligence or other wrongful act, strict liability, warranty, indemnities or other types of liability, shall in no case exceed the amount paid by the buyer to the supplier for the goods in the context of the transaction on which they are based. these general conditions.
For the purposes of this Agreement, "Confidential Information" means information that (A) has been designated as confidential, (B) is identified as confidential at the time of its oral or written disclosure, or (C) because of its character or of their nature, would be considered confidential by a reasonable person in similar circumstances. This section shall not replace the Non-Disclosure Agreements between the parties before or after this Agreement. In the event that this section conflicts with a Non-Disclosure Agreement currently or later in effect between the parties, the Non-Disclosure Agreement will prevail.
The parties agree that: (A) the receiving party may use the Confidential Information only for the purposes of this Agreement; (B) the receiving party will order and require all employees, agents and representatives having access to the Disclosing Party Confidential Information to maintain the confidentiality of such information; (C) the receiving party will exercise at least the same degree of diligence, though not less than the degree of due diligence, to preserve the confidentiality of Confidential Information that it would exercise to maintain the confidentiality of its own Confidential Information ; and (D) the receiving party will not disclose the Confidential Information to its employees, agents or representatives (collectively referred to as "Representatives") unless they are aware of it.
Confidential Information will exclude information (A) that was in the possession of the receiving party prior to this Agreement, (B) subsequently being made available to the public without the receiving party violating its obligations to the disclosing party; (C) which are disclosed to the receiving party by a third party having the right to disclose them, or (D) that the receiving party is able to demonstrate to have developed independently, without resort to the Confidential Information of the disclosing party.
The receiving party may disclose Confidential Information if required by law; however, the receiving party must promptly notify the disclosing party so that the disclosing party may object to such disclosure within a reasonable period of time.
Upon written request from the disclosing party, the receiving party will return, and will also request its representatives to promptly return all Confidential Information to the disclosing party, or even destroy it, at the discretion of the disclosing party. If the receiving party destroys the Confidential Information, it will certify the destruction in writing and promptly send the certificate to the disclosing party.
Each party will comply with its respective obligations under applicable data protection laws, in particular with respect to personal data (under applicable law) that it processes to fulfill its obligations under this agreement.
Without prejudice to the general nature, the buyer will take sufficient technical and organizational measures to prevent unauthorized or illegal processing of personal data and to prevent the loss, destruction or unauthorized disclosure of personal data.
You can consult our policy of protection of personal data.
All notices under these terms and conditions will be communicated in writing and delivered in one of the following ways: registered or certified mail (in all cases, with acknowledgment of receipt and prepaid carriage), a recognized national express delivery service (all previously paid fees), fax or e-mail. Notice is effective only if the party submitting it complies with this section. Notice is deemed to have been received: (A) on the date of delivery in the case of delivery by hand; (B) the fifth business day after the date of dispatch in the case of registered or certified mail; (C) the first business day after the delivery date if it was sent via a recognized national express delivery service; or (D) upon receipt of the fax or e-mail during regular business hours, at the location where the notice is received.
The Supplier shall not be held liable for any breach of its obligations under this Agreement whose circumstances are beyond its reasonable control, also where such circumstances occur with our suppliers, including, without limitation, acts or omissions governmental or military organizations, acts of terrorism, force majeure, material shortages, transport delays, fires, floods, labor disputes, riots or wars.
The nullity or unenforceability (in whole or in part) of a clause, term or condition of this Agreement shall not affect the validity and enforceability of the remainder of such clause, term or condition or other clauses, terms and conditions, if the invalid clause is of such importance that it can reasonably be accepted that the parties would not have entered into that agreement without the clause in question; the parties must then negotiate in good faith to replace the invalid clause with a legally valid clause that is as close as possible to the original clause.
These general conditions constitute the final and complete agreement between the parties; they may not be modified, terminated or terminated, in whole or in part, except in writing signed and by agreement between the authorized representatives of the supplier and the buyer. The Supplier may, in its sole discretion, consider any attempt to modify, terminate or terminate which it has not consented to in writing as a material breach of these terms and conditions.
All quotes, order confirmations and invoices are subject to these terms and conditions. It is expressly agreed that if the buyer issues a purchase order or other document concerning the products and services provided under these terms and conditions, these documents will be considered to be intended solely for the internal use of the buyer and not at all. as binding for the supplier.
These terms and conditions supersede any prior agreements or understandings between the parties regarding the subject matter of these terms and conditions, with the exception of the aforementioned Non-Disclosure Agreements. There is no arrangement, representation, agreement or agreement, oral or written, on the matter between the parties other than those expressly mentioned in these terms and conditions. The general conditions of the buyer are expressly excluded.
The buyer do not transfer its rights, obligations, interests or obligations under these Terms without the prior written consent of the provider. Such transfer, assignment or delegation without the prior written consent of the supplier will be considered void and will result in the termination of rights and obligations under these terms and conditions.
Itchgo will not be deemed to have waived a clause of these terms and conditions or the breach of any of their terms by the purchaser, unless such waiver is expressly made in writing and signed by an authorized representative of the supplier. No waiver by the Supplier shall constitute a waiver of any other clause, clause or breach in any other circumstance.
In case of violation by the buyer, or of non-compliance with one of these general conditions by the buyer, or if the buyer is no longer able to carry out its usual commercial activities (including, without limited to the inability to fulfill its obligations at maturity), or if the purchaser is the subject of proceedings under the bankruptcy or criminal creditors, Itchgo will have the right to immediately terminate or terminate all agreements without obligation to the buyer in respect of the sale of the goods, in whole or in part, which may result in the non-shipment or cancellation of the pending or future orders of the buyer and / or the termination of the relationship between the buyer and the supplier, to obtain damages for violation by the buyer, and to immediately claim the payment of the balances due .
All remedies under these terms and conditions will be cumulative, not alternative or exclusive, and will be in addition to all other rights and remedies provided by applicable law. The exercise or failure to exercise a remedy by the supplier will not prevent the exercise of this recourse or other remedies under these terms and conditions.
The parts of these terms and conditions are independent contractors and no provision of these terms and conditions shall be construed as placing the parties in a report of employer and employee, partners, principal and agent or joint ventures. No party will have the power to bind or obligate the other party.
These terms and conditions and the transactions contemplated herein shall be governed by and construed in accordance with the law of the jurisdiction in which the order is delivered.
In case of dispute that can not be settled amicably, the Commercial Court of Nice in France is the only competent whatever the conditions of sale and the mode of payment accepted, even in case of call of guarantee or plurality defendants.
In accordance with the Data Protection Act No. 78-17 of January 6, 1978, No. 2018-493 of June 20, 2018 and Order No. 2018-1125 of December 13, 2018 , you have a right of access and rectification of data about you. You can receive commercial offers from Itchgo, its partners and other companies.
If you do not want to, just write to the Itchgo marketing department : VP - 57 avenue of Nice , F-06800 Cagnes-Sur-Mer, France.