Specific Terms of Sales Relating to Preorders of the Slate
1. For preorders of the Slate, the general terms of sale apply to Customers, with the exception of Articles 4, 6, and 7. From the date of receipt of the Slate, the general terms of sale shall apply to the Customer in their entirety.
2. Delivery of the Slate is scheduled for October 2016. In the event of a delay in delivery, ISKN will notify the Customer by email as soon as possible, with the understanding that ISKN bears no responsibility if the Customer has provided an incorrect email address.
3. To cancel the preorder, the Customer must send an email to the following address: firstname.lastname@example.org. ISKN will confirm the cancellation of the preorder by email and will refund to the Customer the amount paid within thirty (30) days from the time that it confirms having acknowledged cancellation of the preorder.
4. Customers may contact ISKN customer service with any questions at:
– email: email@example.com
– postal address: 52 Cours Jean Jaurès, Grenoble, 38000, France.
Article 1 – Company identification
1.1 The website www.iskn.co is managed by iskn, a “joint stock company” [société par actions simplifié, or SAS], having capital of 50,000.00 euros, headquartered at 52 Cours Jean Jaurès in Grenoble, 38000, France, and registered in the corporate and trade register [Registre du Commerce et des Sociétés] of Grenoble under the number 800 394 926 (hereafter the “Vendor”).
1.2 The website www.iskn.co (hereafter, the “Website”) sells the Slate.
The package includes:
- One Slate
- One black Pen
- One drawing pencil equipped with a ring
- One sketchpad
- Two clips
- One USB charging cable
- A safety notice
As well as a range of accessories:
- A ring bag including a drawing pencil and two rings
- A box of clips containing four fastening clips
- A box of pens containing two ballpoint pens, one black and one blue
- A box with a stylus
- A protective sleeve
(hereafter, for each of the above, the “Product”). This Website is available in French and English. Access to the Website is free for Internet users with Internet access.
1.3 The Vendor’s customer service can be reached at:
– email: firstname.lastname@example.org
– postal address: 52 Cours Jean Jaurès, Grenoble, 38000, France
Article 2 – Scope of the General Terms of Sale
2.1 These general terms of sale (hereafter, “General Terms”) apply to any purchase of the Product made on the Website by adult individual consumers living in France, the United States, Canada, Switzerland, Turkey, Australia, New Zealand, Hong Kong, or the European Union (hereafter, the “Customer(s)”).
2.2 The Customer acknowledges having read the General Terms before placing any order on the Website. By submitting an order, the Customer agrees completely and without reservation to the General Terms. Moreover, it is recommended that the Customer download a copy of the General Terms at the time of purchase.
2.3 Interactions between the Vendor and the Customer are governed exclusively by the General Terms. In the event that a clause within the General Terms is nullified, whatever the reason, it will be treated as if it were never written and the other clauses of the General Terms will remain in effect.
Article 3 – Placing Orders
3.1 To order from the Website, the Customer takes the following steps:
- the Customer selects the Product by clicking on “Order.” The customer may view the Product information sheet, which includes a description of the product, the price including applicable taxes, and the tablets compatible with the product.
The Customer is also informed of payment methods accepted by the Vendor;
- by clicking on the “Shopping Cart” icon, the Customer can verify his order and shipping terms.
- by clicking on “Pay,” the Customer can fill in required fields on the order form (last name, first name, complete shipping address, telephone number, email address, and method of payment).
The Customer takes note of the delivery options offered on the Website as well as shipping charges. The Customer chooses his or her delivery option.
The Customer verifies his or her order details and total price, including taxes and shipping charges. The Customer may modify or cancel his or her order;
- by clicking on “Confirm My Order and Make Payment,” the Customer submits his or her order, which includes the Product, quantity, and price including applicable taxes and shipping charges. All orders signal acceptance of prices and Products; then
- to proceed to payment, the Customer follows the instructions on the secure platform.
3.2 The Vendor acknowledges receipt of the order by sending the Customer an email confirming the order, which includes a hyperlink to a return form on the Website. It is recommended that the Customer print his order confirmation.
Article 4 – Availability of Products Ordered
4.1 The Vendor agrees to fulfill orders placed on its Website to the extent permitted by its available stock of Products.
4.2 The Vendor will alert the Customer as soon as possible in the event that an ordered Product is unavailable. The Customer will then be able to either change his or her order or request reimbursement for the order.
4.3 In the event of a reimbursement, the vendor will refund to the Customer, within thirty (30) days from date of payment, all money paid. Beyond this period, this amount will accrue interest at the statutory rate, in accordance with article L.121-20-3 of the [French] consumer code.
Article 5 – Payment
5.1 Payment may be made only via credit or debit cards. The Customer confirms that he or she is authorized to use said credit or debit card to pay for the order. Secure payments are made via Braintree.
5.2 By entering his or her credit card information, the Customer authorizes the Vendor to charge his or her account in the amount of the order price. If the account cannot be charged, the sale is immediately canceled ipso jure, which leads to the cancellation of the order.
5.3 The Vendor agrees to keep its digital records, related particularly to orders and payments made, using reasonable security measures.
Article 6 – Delivery
6.1 The Product will be delivered to the Customer within thirty (30) days from the order date.
6.2 The delivered order will include a payment receipt (including shipping charges and applicable taxes depending on the country).
6.3 In the event of a delay in delivery, the Customer will be notified by email. If the Vendor has not adhered to the agree delivery schedule or has not delivered the Product within thirty (30) days from the order date, the Customer may require the Vendor to make the delivery while granting it reasonable additional time. If the Vendor fails to make the delivery within the new time frame, the Customer is free to cancel the agreement in accordance with the provisions in Article L.138-2 of the [French] new consumer code. In the event that the agreement is canceled, the Vendor will reimburse the Customer within fourteen (14) days from the date of the agreement cancellation.
6.4 Upon delivery, the Customer must verify his order. In the event that the package is damaged, the Customer will state his or her reservations, or refuse the package, by sending a letter to the carrier by registered mail with receipt requested within three (3) business days from the date of delivery, in accordance with the provisions in Article L.133-3 of the [French] commercial code. The Customer will also send a copy of this letter to the Vendor.
6.5 The Vendor will take care of coordinating the delivery. The risk of loss or damage to the Product is thus transferred to the Customer when he or she, or a designated third party, takes physical possession of the Product, as defined in the provisions of Article L.138-4 of the [French] new consumer code.
Article 7 – Right to and Period of Return
7.1 The Customer may return the Product within fourteen (14) clear days from the receipt of the order.
7.2 The Vendor provides a customer service center accessible from the Website where the Buyer may indicate his intention to exercise his right of retraction. The Buyer informs the Vendor of his decision in making a request via the customer service center accessible from the Website.
7.3 To return a product, the customer address this request by email to the following address email@example.com explaining non- compliance found. The procedure and the return address will be clarified in any way. The returned Product must be in a condition suitable for resale.
7.4 In the event of a return, the Customer will be reimbursed the purchase price and shipping charges within fourteen (14) days from the date on which the Vendor was notified that the Product would be returned. Beyond this term, the amount due will be increased ipso jure by interest at the statutory rate in accordance with Article L.121-21-4 of the [French] new consumer code. Reimbursement by the Vendor will be made by the same payment method as that used by the Customer to place the order.
Shipping charges to return the Product are the responsibility of the Customer.
Article 8 – Legal Warranties
8.1 The Vendor agrees to deliver a Product that matches the Product ordered.
If the Product does not conform as a result of packaging or setup as defined in the provisions of Article L.211-4 of the [French] consumer code, the Customer is entitled to a legal warranty of one (1) year from the date that the Product was delivered. The Customer may choose between replacing and repairing the Product, with the understanding that the Vendor may not act on the Customer’s wishes if his or her choice entails costs that are clearly disproportionate when compared to the other option, in consideration of the value of the good or the degree of the defect, in accordance with Article L.211-9 of the [French] consumer code.
The Customer shall send this request by email, explaining the stated problem, to the following address: firstname.lastname@example.org. If the Vendor determines that the Product does not conform, it promises to reimburse the Customer for all return shipping charges if receipts are provided.
8.2 In the event that the delivered Product has hidden defects, the Customer is entitled to a legal warranty covering hidden defects as defined in the provisions of Article 1641 et. seq. of the [French] civil code. Requests must be made by email, as soon as the defect is determined, to the following address: email@example.com. The Customer must then prove the stated problems and return the Product in its original packaging. The Vendor agrees to reimburse the Customer for all return shipping charges in the event of hidden defects.
The Vendor’s liability may not exceed the value of the Product purchased.
8.3 For all other claims, the Customer may contact the Vendor at the following email address: firstname.lastname@example.org.
Article 9 – Liability
9.1 The Vendor is not liable in the event that the Customer provided inaccurate information while placing the order.
9.2 The Customer is clearly informed at the time of order placement on the Website about which tablets are compatible with the Product, and the Vendor shall not be held liable in the event of incompatibility between the Customer’s tablet and the Product.
Article 10 – Intellectual Property Rights
10.1 iskn is a protected trade mark registered at the INPI [French national institute for industrial property]. All reproduction, use, or distribution, in whole or in part, is strictly prohibited.
10.2 All copyrights related to Products sold on the Website (including text, illustrations, photographs, presentations, videos, and images) are protected by intellectual property laws. All reproduction, use, or distribution, in whole or in part, is strictly prohibited.
Article 11 – Protection of Personal Data
11.1 The personal data submitted by the Customer is required for the Vendor to process the order. The recipient of personal data is the Vendor.
11.2 The Vendor agrees to keep confidential the Customer’s personal data and to process it in accordance with the [French] law of January 6, 1978, amended in 2004, regarding information technology and civil liberties. Personal data will be maintained using reasonable security measures until the Customer requests its deletion. Processing of Customers’ personal data is subject to the CNIL [French national commission for information technology and civil liberties] declaration dated May 21, 2014 under the number kzx10495141.
11.3 Pursuant to the [French] law of January 6, 1978, amended in 2004, regarding information technology and civil liberties, the Customer is entitled to access, modify, delete, and correct his or her personal information. The Customer may also refuse to have his or her personal information processed. The Customer may exercise the above rights by sending a request by email to email@example.com or by regular mail to 52 Cours Jean Jaurès, Grenoble, 38000, France.
Article 12 – Applicable Law and Court Having Jurisdiction
12.1 The General Terms as well as the entire contractual relationship between the Vendor and the Customer are governed by French law and are subject to the jurisdiction of French courts in the event of litigation.
12.2. The Customer may resort to an amicable resolution in the event of problems in the execution or interpretation of the General Terms. If an amicable resolution is decided on, the Customer must inform the Vendor by email.