Gesellschaft ICC (Internet Creative Company SAS)
vereinfachte Aktiengesellschaft (nach französischem Recht) mit Stammkapital 600.000 Euros
Handelsregister Nizza 521 534 917 000 13
26, rue Barla, 06300 Nizza
USt-IdNr.: FR 015 215 349 17
N° Telefon: 04.93.16.71.30
These terms and conditions govern the sale of helmets, motorcycle and scooter gear and accessories and high-tech products (hereinafter collectively referred to as "Products") by our company (designated header and hereinafter referred to as "iCasque.de") listed on the website www.icasque.de.
The fact that we are placing an order on behalf of the buyer, means full and unconditional acceptance to our terms of sale on their behalf. No particular condition, without formal written acceptance on our part, takes precedence over our terms and conditions. Any condition presented by the buyer without our expression of acceptance will therefore be unenforceable.
The photographs of the products are for guidance only and are not contractual
iCasque.de strives to offer you the best prices on its products
Prices are quoted in Pounds and include fees of the French V.A.T.
Keep your invoice, you will need it if you would like an exchange or refund.
We have more than 140 brands of motorcycle and scooter gear, helmets, clothing, accessories and luggage certified to European standards. iCasque.de brings you products from leading brands from the helmet market.
3) SAFE ONLINE SHOPPING
iCasque.de is affiliated with Ogone and thus guarantees the security and reliability of your online shopping.
The information in connection with your order is subject to automated data processing which is the responsibility of Ogone. Automated data processing intends to define a suitable level of transaction analysis to fight against credit card fraud.
4) STEPS TO ORDER ONLINE
The online purchasing process includes the following steps as a minimum:
• The buyer selects a Product or multiple Products of their choice;
• The buyer is asked to identify themselves and provide contact information if they have not yet opened an account. All the required data is indicated by an asterisk;
• A summary of the order appears, which will list the shipping address, method of delivery, payment information and information relating to billing;
• Before concluding the contract, the buyer has the option to return to the store, to correct any data entry errors;
• iCasque.de immediately acknowledges receipt of the order placed by the buyer by sending them an e-mail;
• After confirming the order, the buyer can recover the invoice on www.icasque.de under my account / my last order / download your invoice.
5.1 Order Amount
The amount owed by the Buyer is indicated before the validation of the order and on the order confirmation e-mail sent by iCasque.de to the Buyer.
5.2 Payment Methods
Payment must be made online either by credit card (Visa, Eurocard/Mastercard) via Ogone, Paypal or wire transfer.
5.3 Payment Confirmation
The order will be considered valid after confirmation of the bank payment. In the case of refusal by the bank, the order will be cancelled.
In any event, iCasque.de reserves the right to refuse any order or delivery due to any dispute with the Buyer, total non-payment or partial payment of a previous order by the Buyer or refusal of the credit card banking organisation to authorise the payment. iCasque.de will under no circumstances be held liable for litigation due to these occurrences.
5.4 Payment Deadline
When a Buyer pays with a direct debit card, the Buyer's bank account is debited within 2 to 5 days of placing the order. This time varies depending on the banking organisation.
In the case of a deferred debit card, the Buyer's bank account will be charged the order amount under the same terms as its normal processing.
5.5 Identity Verification
iCasque.de has set up a verification procedure to prevent fraudulent use of credit card details to place an order on the website. As part of the process, we may ask the buyer to send iCasque.de (by mail, fax or email) a copy of both sides of their identity and proof of residence dated within the last 3 months. The order will be shipped after receipt of the verification documents. iCasque.de reserves the right to cancel the said order if verification documents are not received or upon receipt of non-compliant documents.
Only customers who placed an order for an amount greater than an amount defined by iCasque.de must provide these documents. Following the recording of their order, the Buyer concerned will receive an email from iCasque.de Customer Service.
Product offers featured on our site are valid while stocks last. In case of unavailability of the product ordered, mainly due to our suppliers, the buyer will be notified and will then have the choice to either cancel the order and request a refund of the money paid, or request an exchange of products for one with similar features and price if iCasque.de has a similar item to provide the buyer. In case of cancellation of the order, the average repayment period is usually five days, the buyer will be refunded the total amount paid no later than thirty (30) days from the buyers initial payment.
Item availability is dependent on our suppliers, and does not engage the responsibility of iCasque.de.
7) DATA PROTECTION
All data submitted to iCasque.de is used exclusively for our company and partners involved in the processing of your orders (Ogone, Paypal, carriers). We promise never to disclose it to a third party.
According to the law no. 78-17 of 6 January 1978, anyone has a right to access, modify, rectify, oppose and remove data concerning him or her either by sending us an email at [email protected], or by mail to:
28, rue Barla
The processing of personal information about customers has been declared to the Commission Nationale de l'Informatique et des Libertés (CNIL). To exercise these rights, buyers must present a valid photographic ID.
8-1. Terms of delivery: Delivery is made by direct delivery of the product to the buyer or by mere notice of availability.
8-2. Delivery time: When placing an order, a deadline for the delivery of the Products is indicated to the buyer. Any other time is given for guidance only. Failure to comply with this deadline, the buyer, as a consumer, will have the option to terminate the contract under the conditions laid down in article L.114-1 of the code de la consommation.
8-3. Transportation risks: The buyer has the responsibility to verify, in presence of the carrier, the state and contents of the package in order to issue an immediate claim for damage or theft of its contents during transport. The product is transported at the risk of the buyer to whom it belongs. In the event of damage or missing parts it is the buyer's responsibility to confirm these findings by extra judicial act or by registered letter with receipt to the carrier within three (3) days of receipt of goods (excluding holidays), in accordance with article L.133-3 of the code de commerce.
8-4. Place of delivery: The products are delivered to the address specified by the buyer when ordering.
9) PRODUCT RETURNS
9-1. "Money back" guarantee: Purchases on www.icasque.de have a "money back" guarantee.
If you were not satisfied with the delivered product, you have 60 days from receipt to return items in perfect original condition.
All items must be returned new to our Logistical Pole based in France (return fees will be at the clients charge), unused and in its original packaging, together with the supplied accessories (carrying case, user manual, non reflective tape affixed to the helmet, protective film still in place on the visor etc...). Any product returned incomplete or damaged will be systematically refused by us.
iCasque.de must refund products returned after verification and validation by us.
Any return accepted by iCasque.de after checking the returned Products will result in, by choice of the Buyer, either a refund or store credit (valid for 6 months) in favour of the buyer, or an exchange of products. In the case of an exchange of products, the shipping of the new product selected by the buyer shall be borne by the seller. The difference in price of the Products will be refunded to the buyer if the price of the new product chosen is lower than originally ordered or must be paid by the buyer if the price of the new product selected is higher than one originally ordered.
9-2. Right of withdrawal: In any event, the legal provisions on the right of withdrawal applies. Buyers that have professional capacity shall not be granted this right. Only Buyers that are consumers have the right of withdrawal. It will have a statutory period of fourteen (14) days to exercise this right, and the product must be returned and received by icasque.de within sixty (60) days. This right may be exercised provided that the returned product is not damaged, worn or frayed. The cost of returning the product will be borne by the Buyer. The withdrawal period above begins from the receipt of the product. In the event that the right of withdrawal is exercised by the buyer, the buyer will reimburse iCasque.de no later than thirty (30) days from the date on which the right was exercised.
9-3. When the return is borne by the buyer, he or she is free to choose the carrier. However, we advise the buyer to make their return:
- stating the value of the product, as it appears on the purchase invoice and
- ensuring the best risk return cover insurance in connection with the purchase invoice.
When returning a product to be borne by the buyer, iCasque.de will in no way be held responsible for any loss, theft or damage to this product.
10-1. Contract Guarantee: Our products are covered against defects in workmanship for one year from their date of purchase. The warranty is specifically limited, at our discretion, to the rehabilitation or replacement of parts recognized by us as being defective, including labour.
To take advantage of warranty service, you must present the invoice of the Product and, if necessary, return the product concerned to iCasque.de.
Beyond the first year of purchase, the buyer has, in addition, any warranty from the manufacturer if provided. Damage or defects caused by normal wear, external accident or by technical intervention by a third party will exclude the buyer from the warranty.
All equipment that is physically damaged is no longer under warranty.
No other warranty beyond the contractual warranty supplied by the manufacturer will be given to the buyer.
10-2. Legal warranty: In any case, if ordered by a buyer with consumer status, iCasque.de will remain liable for product conformity defects and their fatal flaws as per conditions provided in articles 1641 and 1649 of the code civil.
This legal warranty is specified in Articles L.211-4, L.211-5 and L.211-12 of the code de la consommation and Articles 1641 and 1648 paragraph 1 of the code civil, the content of which reads as follows:
Article L.211-4 of the code de la consommation: "The seller must deliver goods in conformity with the contract and respond to conformity defects existing at the time of supply.
It also addresses the lack of conformity resulting from the packaging, instructions for assembly or installation when under the contract or when carried out under its responsibility."
Article L.211-5 of the code de la consommation: "To comply with the contract, the goods must:
1) Be suitable for the purpose usually associated with such an item and, if appropriate:
- match the description given by the seller and possess the qualities that the seller has presented to the buyer;
- have the features that a buyer might reasonably expect given the public statements made by the seller, the manufacturer or their representative, particularly in regards to advertising or labelling;
2) Or have the features defined by mutual agreement between the parties or be suitable for any particular purpose for which the buyer had made known to the seller which the seller confirmed and accepted."
Article L.211-12 of the code de la consommation: "The action resulting from lack of conformity within two years from delivery of the goods."
Article 1641 of the code civil: "The seller must guarantee against hidden defects of the object sold which render it unfit for the use for which it was intended or reduces the quality of usage of the object, and for hidden defects which if the buyer had knew about it, he would not have purchased or would have paid a lower price for it."
Article 1648 paragraph 1 of the code civil: "The action resulting from latent defects must be reported by the buyer within two years after discovery of the defect."
11) PROPERTY RIGHTS
The transfer of ownership of the products sold is subject to full payment at maturity by the buyer.
However, risks are transferred from one year after completed delivery.
If the payment is not made within the period specified on the invoice provided by the parties, we reserve the right to take back the delivered products and to terminate the contract. The resolution of the sales contract will take effect automatically from the date of receipt by the buyer of a registered letter notifying him of the obligation to repay the outstanding products.
Restitution of unpaid products will be made at the expense and risk of the buyer. We can unilaterally and immediately make an inventory of unpaid goods held by the buyer.
The buyer shall bear the costs of litigation as well as legal and court costs, which are incurred or to be incurred due to the cancellation of the sale service.
12) 5% DISCOUNT
iCasque.de intends to offer a 5% discount on a selection of thousands of products.
iCasque.de reserves the right to modify this list of articles at any time.
This discount does not apply to other types of products offered on the website, such as visors, accessories, High-tech, etc...;
13-1. Responsibility in providing the buyer's contact information: It is the responsibility of the buyer to ensure that the contact information they provide when ordering online is correct. In no event shall iCasque.de be held accountable if the buyer does not receive the confirmation of the order, the invoice or the product ordered, due to an error on their part during the submission of their contact information.
13-2. Damage suffered or incurred to the Product: Once the ordered product has been delivered, the buyer shall be liable for any damage caused to it. In general, iCasque.de shall not be liable for material or immaterial, incidental or consequential damages not related to the use or immobilization of the Product.
14) ARCHIVING CONTRACTS ELECTRONICALLY
In accordance with Article L.134-2 of the code de la consommation, iCasque.de archives contracts electronically for a period of ten years after their conclusion for products valued at an amount greater than 120 euros.
The buyer will get a copy of their contract addressed from iCasque.de, with the address listed in the heading of this document.
15) USING THE SITE www.iCasque.de
15-1. Malfunction of the website: iCasque.de is not responsible if the buyer can not access the website www.icasque.de due to maintenance or if access is interrupted at any time by something beyond our control which prevents the ability to make a booking. iCasque.de does not guarantee that the site is free of computer viruses or other defects independent of our will.
15-2. The website's intellectual property rights: All website content and all intellectual property rights, except those attached to the products presented and their designation are the property of iCasque.de. No one is granted any rights to the content and intellectual property of the site.
Any unauthorised use of all or part of the site content and intellectual property rights will be prosecuted.
Any contract and any order accepted by us, shall be governed by French law. Nice courts have exclusive jurisdiction where the contractors have to be traders, even if incidental claims, activation of guarantees and/or multiple defendants, these cases are not exhaustive. The various shipping methods, payment arrangements, our accepted payments and the place of delivery can not operate any derogation from this jurisdiction clause. In the event of a dispute between a buyer and iCasque.de with the consumer, the consumer may sue either at the court where the head office of our company is located or from the jurisdiction where the buyer is domiciled.