General Terms and sales Conditions
Preamble
These general terms and conditions of sale govern all contracts for the sale of products belonging to SAS KONSTANTE, owner of the ICONIK Foods™ brand, whose registered office is at 36 Rue Raulin (Lyon), registered in the Lyon Métropole Trade and Companies Register under number 911 108 777, and its customers (hereinafter referred to as "the customer").
The purpose of these General terms and conditions is to define the conditions under which users may access the www.iconikfoods.com website and the associated online store, place orders and manage the relationship between SAS KONSTANTE and users, including all rights and obligations arising therefrom.
The customer acknowledges having read and understood the terms and conditions set out below. By placing an order over the Internet, you agree to be bound by our terms and conditions of sale.
In the event of failure by the buyer to comply with these conditions, SAS KONSTANTE reserves the right to cancel all or part of current orders or to suspend delivery of goods.
Article 1: Scope of application
These conditions apply to the sale of ICONIK Foods brand products by KONSTANTE via the www.iconikfoods.com website.
Consequently, the act of placing an order implies the buyer's full and unreserved acceptance of these General Terms and Conditions of Sale, to the exclusion of all other documents such as prospectuses, presses, catalogs or e-mailings issued by the seller, which are for information purposes only.
All clauses and conditions contrary to these General Terms and Conditions of Sale appearing on order forms and more generally on any type of correspondence from the buyer shall be deemed unwritten and shall have no contractual value between the parties. These General Terms and Conditions of Sale may only be departed from with the express written consent of KONSTANTE.
The information contained in catalogs, prospectuses, advertisements, notices or other KONSTANTE documents is given for information purposes only and is not binding on the company, which may modify it at any time.
Product photographs are for illustrative purposes only, and the product may differ from what is displayed. The information provided in the photographs is not binding on KONSTANTE, which may modify it at any time.
The KONSTANTE company reserves the right to correct any accidental material error or omission in the present Conditions, as well as in any other contractual document.
Article 2: Modification of the GTC
KONSTANTE is free to modify these GTC at any time. The GTC appearing on the www.iconikfoods.com website are dated.
The version of the GTC applicable to an order is that in force on the date the order is validated by the customer.
Thus, only the GTC in force at the time of the conclusion of the contract are applicable to the Customer.
The KONSTANTE company considers that the customer expressly consents to the new version of the GCS appearing on the www.iconikfoods.com website, by validating a new order.
Article 3: The online store - orders
All orders must be placed via the online store: www.iconikfoods.com.
KONSTANTE's commercial offer covers all the products presented in the online store catalog. The online store mentions the essential characteristics of each product, its price and the amount of delivery charges.
KONSTANTE requires certain personal data from the customer in order to process the order. The customer is obliged to provide complete, up-to-date and accurate information, and KONSTANTE cannot be held liable in this respect. The customer is informed that some of the information requested is compulsory for the proper execution of the order he has placed, which he expressly acknowledges.
The order is confirmed by KONSTANTE by sending an e-mail to the buyer.
Article 4: Order validity
The company KONSTANTE reserves the right to refuse any order for legitimate reasons and more particularly in the case where the quantities ordered, by means of one or more orders, are abnormally high compared to the quantities usually ordered by the buyers in their capacity as consumers.
In addition, KONSTANTE reserves the right to refuse to fulfill an order from a customer who has not paid in full or in part for a previous order, or with whom a payment dispute is in progress.
In addition, KONSTANTE reserves the right to cancel an order for relevant reason, and in particular for an order where there is a risk of fraudulent use of any payment method.
Article 5: Stock availability
Products are delivered in the limit of available products.
In the event of unavailability of the product ordered or a delay in delivery, the Customer may choose to:
- request a refund equal to the amount of the unavailable product(s);
- be delivered when the products in question are back in stock (unless permanently withdrawn from the catalog);
- obtain an equivalent product instead of the product ordered.
In the event of a refund, KONSTANTE undertakes to reimburse the customer within 15 working days of the customer's request. In the event of unavailability of one or more products, the customer will be notified by e-mail within 48 hours of order validation.
KONSTANTE cannot be held responsible for any prejudice suffered by the customer due to the unavailability of the product(s) ordered, nor can it be held liable for the payment of damages.
Article 6: Prices
The prices of our products are quoted in Euros, inclusive of all taxes and exclusive of delivery charges.
The buyer is kindly requested to pay the price at the time of ordering on the online store.
The prices invoiced for the products are those shown on the online store on the date of confirmation of the order by the buyer.
KONSTANTE reserves the right to modify the prices shown in the online store at any time. The price change will be automatically applicable on the date of publication of the price change on the Online Shop.
All orders, whatever their origin, are payable exclusively in Euros.
Shipping costs, customs duties and formalities are the exclusive responsibility of the customer.
Article 7: Vouchers
Vouchers sent by KONSTANTE are valid for 1 year (one year) on all products offered on the www.iconikfoods.com website, from the date shown on the voucher.
The period is counted from date to date, which means that it ends on the same day and month as the original date, but in the following year. For example, a voucher dated March 10, 2019 can be used up to and including March 10, 2020, at 11:59 pm.
Vouchers cannot be combined with each other or with promotional codes.
Article 8: Promotional codes
Promotional codes apply only to non-rebated base prices, including tax.
Promotional codes cannot be combined with each other or with vouchers.
Promotional codes can be used 1 time per customer, unless otherwise instructed by KONSTANTE.
These promotions are not deductible in the event of an exchange.
Article 9: Payment
Payment is made in full by credit card from the Visa, Mastercard, Maestro and American Express networks via the Stripe secured payment platform.
KONSTANTE has the capacity to modify or add payment methods available on the website at any time.
The terms of payment are specific to the platform of the payment provider Stripe, and are independent of the company KONSTANTE, which does not intervene in any way in the use of the said service.
All terms and conditions relating to payment via the Stripe payment solution are governed by the General Terms and Conditions of Use of this service: https://stripe.com/fr/ssa
Stripe's General Terms and Conditions of Use apply concurrently with these GTC.
By accepting these Terms and Conditions, the Customer also agrees to be bound by Stripe's General Terms and Conditions of Use. These are subject to change only by Stripe.
Under no circumstances may KONSTANTE modify the Terms and Conditions of Stripe, a service provider over which it has no control.
KONSTANTE cannot be held responsible for any malfunctioning of the Stripe payment platform.
In accordance with the provisions of article L 441-6 of the French Commercial Code, in the version in force on January 1, 2013, any sum not paid within thirty days of the due date shall be increased by the legal interest rate plus three points. Late payment penalties are payable without the need for a reminder. A fixed indemnity of €40, as set by decree no. 2012-115 of October 2, 2012, will be due, for collection costs in the event of late payment.
Article 10: Delivery and shipping
Delivery charges are mentioned on the www.iconikfoods.com website, including all taxes, during the ordering process.
They are invoiced to the customer in addition to the price of the products, unless otherwise stated or under special conditions.
These delivery charges must be accepted by the customer when validating the order. They appear on a separate line from the product price.
It is specified that the amount of delivery charges may vary according to the quantity and delivery territory of the products, which the customer expressly acknowledges and accepts.
Products ordered are delivered to the address provided by the customer when placing the order. The parcel is delivered to this address by a service provider of our choice.
All orders are dispatched by our Internet customer service department from Monday to Friday inclusive, except on public holidays. The average delivery time in France is 2 to 3 working days. These times may be extended during busy periods or in the event of exceptional closures.
In the event of longer delivery times, we will inform the customer.
KONSTANTE undertakes to dispatch orders within a maximum of 10 working days. However, as KONSTANTE uses external service providers (carriers, postal services, etc.) to deliver its products, it is totally dependent on these third-party service providers.
The delivery times indicated on the site may therefore be affected by the delays of the service providers, without KONSTANTE being responsible for these delays in delivery and the consequences that may result from them.
It is expressly agreed that upon delivery, the risks of the products are transferred to the customer.
Consequently, the customer undertakes to check, at the time of delivery, that the order delivered is complete, compliant and has not been damaged. In the event that the order is not complete, compliant or has been damaged, the customer undertakes to refuse to accept the order and to sign any supporting documents.
Any order received against the customer's signature will be deemed to be compliant, complete and in perfect condition at the time of delivery.
Article 11: Retention of title
KONSTANTE retains full and complete ownership of the products until full payment of their price, in principal and interest, by the buyer.
Until full payment is processed, the buyer undertakes not to resell the unpaid products, not to dispose of them and to take all steps to ensure that the products are kept in the condition in which they were delivered and that they remain identified as the property of the company.
Article 12: Releasing circumstances
KONSTANTE is released from its obligations by the occurrence of events constituting force majeure, acts of God or acts of God.
In this respect, the following events in particular are cases of force majeure or fortuitous events:
- fire, flood or any other accident causing the complete or partial destruction of KONSTANTE's stocks and supplies;
- strikes or lock-outs, without it being necessary to determine whose fault the strike or lock-out was;
- the occurrence of a natural disaster, war or pandemic;
- lack of motive power or raw materials resulting from a general cause, such as transport stoppages, power cuts or machine breakdowns;
- any cause of supply disruption attributable to KONSTANTE's suppliers.
The contract of sale between KONSTANTE and the buyer is then automatically suspended, without compensation, from the date of occurrence of the event.
Article 13: Buyer's right of withdrawal
- Withdrawal capability
In accordance with article L.221-18 of the French Consumer Code, "[the customer] has a period of fourteen [14] days to exercise his right of withdrawal [...] without having to justify his decision [...]".
According to article L.221-19 of the same Code: "In accordance with Council Regulation No. 1182/71/EEC of June 3, 1971 determining the rules applicable to periods, dates and terms: 1° The day on which the contract is concluded or the day on which the goods are received is not counted in the period mentioned in article L. 221-18; 2° The period begins at the start of the first hour of the first day and ends at the end of the last hour of the last day of the period; 3° If this period expires on a Saturday, Sunday or public holiday, it is extended until the next working day”.
Only the customer identified as such to KONSTANTE may exercise this right of withdrawal, to the exclusion of any other person, and in particular the recipient of the delivery.
To exercise his right of withdrawal, the buyer must notify his decision by means of a clear and precise statement devoid of any ambiguity via the contact email contact@iconikfoods.com or via the link included in the order confirmation email.
The purchaser's declaration of withdrawal must include the following compulsory information: purchaser's name, geographical address and, if applicable, telephone, fax and e-mail address.
If the product has been received by a third party other than the purchaser, the latter must indicate this third party's contact details in the declaration of withdrawal.
The declaration can be made by any means to the company's head office.
Upon receipt, KONSTANTE will immediately send the purchaser an acknowledgement of receipt of the withdrawal on a durable medium.
The buyer may not avail himself of his right of withdrawal in the event that the goods in question have been made to the buyer's specifications or clearly personalized or which, due to their nature, cannot be reshipped or are likely to deteriorate or expire quickly.
The right of withdrawal cannot be exercised for products which have been unsealed or opened by the purchaser or the recipient of the order after delivery.
- Effect of withdrawal
In the event of retraction at the buyer's initiative, KONSTANTE will reimburse the buyer for all sums paid, at the latest fourteen (14) days from receipt by KONSTANTE of the buyer's decision to retract, in accordance with the provisions of article 13.A above.
The buyer undertakes to return the products received without delay, if necessary, no later than fourteen (14) days from notification of the declaration to the company KONSTANTE.
The withdrawal will be effective only after returning the products to the company KONSTANTE before the expiry of the period of fourteen (14) Days.
The order must be returned by the buyer to the following address:
SAS KONSTANTE - 36 Rue Raulin, 69007 LYON.
The cost of returning the products is the responsibility of the purchaser. These costs vary according to the weight of the parcel and are estimated at a maximum of approximately 50 EUR in Metropolitan France. The company cannot be held responsible for any inaccuracy in the estimated shipping costs.
Buyer's liability
The purchaser is liable for any depreciation of the product or its packaging.
Article 14: Product warranty
The products sold correspond materially to the specifications presented to the purchaser by the online store when they are used in strict conformity with the functions for which they were sold.
Unless otherwise stipulated by law, the liability of KONSTANTE shall in no case exceed the value of the goods invoiced.
In any event, the customer benefits from the legal guarantee of conformity (articles L.217-7 et seq. of the French Consumer Code), the legal guarantee of eviction (articles 1626 et seq. of the French Civil Code) and hidden defects (articles 1641 et seq. of the French Civil Code), on condition that the buyer proves the hidden defect, the seller must legally repair all the consequences (article 1641 et seq. of the French Civil Code); if the buyer applies to the Courts, he must do so within a "short period" from the discovery of the hidden defect.
Consequently, the buyer has up to 3 months from the date of delivery to send his complaint to KONSTANTE. After this period, we will no longer be able to guarantee the disputed product, since no quality control of the storage location can be carried out, or the buyer will have to provide proof that the alteration of the product predates the sale.
Article 15: Personal data and privacy policy
KONSTANTE has an online sales website. This site enables us to receive orders from our customers.
The data collected on this occasion, notably surname, first name, e-mail address, postal address and telephone number, are recorded and processed in a customer file.
This file is used to:
- Manage orders, payment and delivery
- Carry out marketing operations (loyalty, promotions) and send advertising by e-mail to our customers who have not objected or who have agreed to this:
- On products similar to those they have ordered
- On other products offered by the company. For example, if a customer buys a dress, a body cream may be offered.
- Transmit the data of our customers who have agreed to this to our commercial partners, to enable them to send them advertising.
Data categories
- Identity: title, surname, first name, address, delivery address, telephone number, e-mail address, date of birth, internal processing code enabling customer identification, data relating to registration on opposition lists.
- Order data: transaction number, purchase details, purchase amounts, invoice payment data (payments, overdue payments, discounts), product returns.
- Payment details: credit card number, expiry date, visual cryptogram (which is immediately deleted).
- Data required for loyalty and prospecting campaigns: purchase history.
Legal basis for processing
Order management: the legal basis for processing is the performance of a contract (Cf. article 6.1.b) of the European Data Protection Regulation).
Sending commercial solicitations by e-mail on products similar to those ordered by customers: the legal basis for processing is the company's legitimate interest (Cf. article 6.1.f) of the European Data Protection Regulation), namely, to promote our products to our customers.
Sending commercial e-mail solicitations about other products offered by KONSTANTE: the legal basis for processing is consent (Cf. article 6.1.a) of the European Data Protection Regulation), as required by article L. 34-5 of the French Post and Electronic Communications Code.
Transmission of e-mail addresses to business partners: the legal basis for processing is consent (Cf. article 6.1.a) of the European Data Protection Regulation), as required by article L. 34-5 of the French Post and Electronic Communications Code.
Data recipients
KONSTANTE's customer and billing departments are the recipients of all categories of data.
KONSTANTE's subcontractors, responsible for the delivery of orders, are recipients of the identity, address and telephone number of our customers.
The e-mail addresses of customers who have agreed to this are made available to our commercial partners, such as La Poste, Mondial Relay, Stripe or Payplug.
These partners are obliged to use them in accordance with the provisions of the applicable legislation on the protection of personal data.
Data retention period
Data required for order management and invoicing: for the duration of the commercial relationship and ten (10) years for accounting purposes.
Data required to carry out loyalty campaigns and canvassing: for the duration of the commercial relationship and three (3) years from the last purchase.
Data relating to means of payment: this data is not kept by KONSTANTE; it is collected at the time of the transaction and is immediately deleted once the purchase has been settled.
Data concerning opt-out lists: three (3) years.
Customer rights
In accordance with the applicable legal and regulatory provisions, in particular Act no. 78-17 of January 6, 1978 as amended relating to data processing, files and freedoms and European Regulation no. 2016/679/EU of April 27, 2016 (applicable as of May 25, 2018), the customer has the following rights:
- Exercise their right of access, to find out what personal data concerns them;
- Request the updating of their data, if it is inaccurate;
- Request the portability or deletion of their data;
- Request the restriction of data processing;
- object, on legitimate grounds, to the processing of his or her data;
- Oppose or withdraw consent to the use of your contact details for commercial purposes.
Customers wishing to exercise these rights should send a request by e-mail to contact@iconikfoods.com, including their first and last names.
For security reasons and to prevent fraud, this request must be accompanied by proof of identity.
KONSTANTE undertakes to destroy this proof of identity once the request has been processed.
KONSTANTE will use its best endeavors to process any requests relating to users' personal data.
In the event of a security breach on the site or loss of personal data relating to users, the KONSTANTE company will inform them by e-mail in accordance with the applicable legal conditions.
KONSTANTE will take all necessary measures, within the limits of its human, material and financial resources, to remedy the breach and ensure data security.
For further information or to make a complaint, please contact the Commission Nationale de l'Informatique et des Libertés (more information at www.cnil.fr).
Article 16: Electronic signature
The "OK", combined with the authentication and non-repudiation procedure and the protection of all messages, constitutes an electronic signature. This electronic signature has the same value as a handwritten signature between the parties.
Article 17: Absence of tacit waiver
The fact that one of the Parties, at any time whatsoever, does not exercise a prerogative granted to it by the present General Terms and Conditions of Sale, in particular not to terminate the sales contract or to exercise this prerogative with delay, or not to require the execution of any stipulation whatsoever of the General Terms and Conditions of Sale, may in no case be interpreted as an express or tacit waiver by this Party, neither to the right to exercise the said prerogative in the future, nor to its right to demand the scrupulous performance of the commitments entered into by the other Party to undertake any action or claim which it may have in relation to the non-performance of its obligations by the other Party, nor possibly to its right to terminate the present contract for any breach of the same or a different nature.
Article 18: Intellectual property rights
The "ICONIK Foods" trademark is registered under number 21 4 810 078. Any reproduction or imitation will be prosecuted as an infringement of copyright.
The www.iconikfoods.com website and each of its components (such as trademarks, domain names, texts, tree structures, software, animations, images, photographs, illustrations, packaging, diagrams, logos, sounds and music) are the exclusive property of KONSTANTE, its founder Veronika KONSTANTINOVA or third parties who have duly authorized KONSTANTE to use these elements, which alone is entitled to use the related intellectual property rights.
No element of the site may be used, reproduced, distributed, or published in whole or in part without the written authorization of KONSTANTE.
The use of all or part of the KONSTANTE site, in particular by downloading, reproduction, transmission, representation or distribution for purposes other than for your personal and private use for non-commercial purposes is strictly forbidden.
Any reproduction or imitation will be prosecuted as an infringement of copyright.
Browsing the site does not imply any transfer of intellectual property rights to the user.
KONSTANTE grants the user a right of access and consultation of the site only, under the terms and conditions set out in these GTC.
Article 19: Hypertext links and comments
The creation of hypertext links to the www.iconikfoods.com website is subject to prior written authorization from KONSTANTE, which may be revoked at any time.
The KONSTANTE company declines all responsibility (particularly editorial) concerning access to sites - and their content - with a hypertext link to or on the www.iconikfoods.com site.
The KONSTANTE company keeps the right and ability to delete any comment published by an Internet user and/or a buyer on the www.iconikfoods.com website.
Article 20: Access to the online store
The company KONSTANTE keeps the right and ability to make changes to the online store and the website www.iconikfoods.com at any time and without notice.
The KONSTANTE company declines all responsibility in the event of interruption or inaccessibility of the www.iconikfoods.com site, of the occurrence of bugs, or of any damage resulting from fraudulent acts on the part of third parties (in particular by intrusion) from the www.iconikfoods.com site.
Article 21: Cookies
KONSTANTE may use cookies on the website. This is an automatic tracking process that records information relating to navigation on the site, and stores information entered during visits to the website to facilitate the use of the site.
Cookies installed by KONSTANTE are deleted from the customer's computer terminal after 13 months.
The user may oppose their installation and/or delete them by following the procedure indicated on his browser.
In this respect, the company KONSTANTE collects the consent of users regarding the use of these cookies and uses them in accordance with legal provisions, including the General Regulation on the Protection of Personal Data.
The KONSTANTE company undertakes to use these cookies solely for the purposes of establishing connection statistics as well as user browsing histories.
Article 22: Limitation of liability
If liability of the company KONSTANTE is established and retained due to damage suffered by the customer and exclusively attributed to the company KONSTANTE, this liability is limited to the amount of the order, excluding taxes, paid by the customer to the company KONSTANTE.
Only direct and foreseeable damages may give rise to compensation; all indirect, consequential and/or incidental damages do not entitle the user to compensation.
Although the website is equipped with the latest technology for access and use, use of the website is at the user's own risk.
KONSTANTE cannot guarantee that the website is free of errors, bugs, or viruses, and that the site is available and accessible 24 hours a day, 7 days a week.
KONSTANTE cannot be held responsible for any interruption of all or part of the site, whatever the cause, duration, or frequency of the interruption.
The company KONSTANTE cannot be held responsible in case of non-conforming use of the products by the customer or by a third party.
KONSTANTE reserves the right to modify, at its discretion and unilaterally, at any time and without prior notice, the configuration of the site, the services or content offered, as well as the right to eliminate, limit, suspend or prohibit access, temporarily or permanently.
Article 23: Conciliation
In the event of a dispute relating to an order, the customer must first contact the company KONSTANTE to find an amicable solution, by email at contact@iconikfoods.com.
In the event of a dispute, the consumer may have recourse to a conventional mediation procedure or any other dispute resolution method. In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, KONSTANTE has joined the MEDICYS e-commerce ombudsman service, whose contact details are as follows: 73 boulevard de Clichy, 75009 Paris. https://medicys-consommation.fr.
After prior written application by consumers to KONSTANTE, the Mediation Service may be contacted for any consumer dispute which has not been settled.
Referral to the Mediator may only be made after the Customer has made prior written representations to KONSTANTE.
In addition, and in accordance with Article 14 of Regulation (EU) No. 524/2013, the Customer may also contact the dispute resolution platform put online by the European Commission, and accessible at the following link:
ttps://webgate.ec.europa.eu/odr/.
Article 24: Applicable law
As the company's registered office is located in France, the law applicable to any sales contract is French law.
Accordingly, the present terms and conditions are governed exclusively by French law, to the exclusion of any other law, including the Vienna Convention on the International Sale of Goods of April 11, 1980.
Failing amicable settlement, any dispute arising from the formation, interpretation or performance of the present contract shall fall within the exclusive jurisdiction of the courts within the jurisdiction of the Lyon Court of Appeal, unless otherwise stipulated, notwithstanding multiple defendants or the introduction of third parties.
Article 25: Contact
Any complaint or request for information relating to these GTC must be addressed to Customer Service by e-mail to the following address: contact@iconikfoods.com or via the 'Contact' form accessible on the www.iconikfoods.com website.
Terms and conditions dated July 09, 2023, and applicable as of that date.