Applicable terms and conditions on the imane-ayissi.com
Effective date : July 1, 2023
These general terms and conditions of sale apply without restriction or reservation to all online sales offered by IMANE AYISSI SAS on the website imane-ayissi.com (hereinafter the Site“).
The Site is an e-commerce platform, which allows Internet users (hereinafter referred to as: “Buyers“) to acquire various ready-to-wear products and accessories, offered for sale on the Site (hereinafter: “Products“).
The purpose of these terms and conditions is to define the terms and conditions of the online sale and delivery of Products, as well as to define the rights and obligations of the parties in this context.
They can be accessed and printed at any time via a direct link at the bottom of the Site page.
The applicable version of the general terms and conditions is the one available online on the Site at the date of the Buyer’s order, a copy of which is sent to the Buyer with the order confirmation.
These general terms and conditions of sale take precedence over any other general or special terms and conditions not expressly approved by IMANE AYISSI SAS.
They may be supplemented, where applicable, by conditions of use specific to certain services offered on the Site, which supplement these general conditions and, in the event of contradiction, take precedence over them.
- Seller’s identity and contact
The Site is operated by IMANE AYISSI, a SAS registered in the Paris Trade and Companies Register under no. 917 425 811, having its registered office at 2 RUE DE PANAMA – 75018 PARIS (hereinafter referred to as the “Company”).Company“), which offers the Products for sale.
The Company can be contacted at the following address, in particular for any complaint:
Postal address: 2 RUE DE PANAMA – 75018 PARIS
Phone number: +33 1 89 48 02 27
Email : email@example.com
- Legal capacity and acceptance of terms and conditions
- Legal capacity
The Site is accessible :
- Any natural person with full legal capacity to enter into commitments under these terms and conditions. Individuals who do not have full legal capacity may only access the Site with the consent of their legal representative.
- Any legal entity acting through a natural person with the legal capacity to contract in the name and on behalf of the legal entity.
- Acceptance of terms and conditions
Acceptance of these terms and conditions by the Buyer is evidenced by a checkbox on the order form. This acceptance can only be full and complete. Any conditional acceptance is considered null and void.
A Buyer who does not agree to be bound by these terms and conditions should not place an order on the Site.
- Site registration
- To place an order on the Site, the Buyer must register by filling in the form provided for this purpose on the Site,
In all cases, the Buyer must provide all the information marked as mandatory. Incomplete registrations will not be validated.
Registration automatically leads to the opening of an account in the name of the Buyer (hereinafter referred to as the “Buyer”).Account“), giving him access to a personal space (hereinafter: the “Space StaffIn addition, the Company has set up a “Purchasing Management System” (PMS), which enables it to manage its purchases in the form and using the technical means that the Company deems most appropriate.
The Buyer warrants that all information provided in the registration form is accurate, up-to-date and truthful and is not misleading.
He/she undertakes to update this information in his/her Personal Area in the event of modifications (in particular: change of postal address), so that it always corresponds to the aforementioned criteria.
The Buyer is informed and accepts that the information entered for the purposes of creating or updating his/her Account is proof of his/her identity. The information entered by the Buyer is binding upon validation.
- The Buyer may access his or her Personal Space at any time by entering his or her login and password.
The Buyer undertakes to use his Account personally and not to allow any third party to use it in his place or on his behalf, unless he assumes full responsibility.
He is likewise responsible for maintaining the confidentiality of his login and password, any access to the Site using the latter being deemed to have been made by the Buyer. The Buyer must immediately contact the Company at the address and phone number mentioned in the article “Seller’s identity and contact” if he/she notices that his/her Account has been used without his/her knowledge. The Buyer acknowledges the Company’s right to take all appropriate measures in such a case.
- Product features
Prior to any online order, and in particular in application of the provisions of article L111-1 of the French Consumer Code, the Buyer may take note, on the Site, of the characteristics of each Product he/she wishes to order.
The Products are offered for sale online while stocks last, or subject to the possibility of ordering them, as the case may be.
The Purchaser is hereby informed that certain Products are made to order in accordance with his/her instructions (hereinafter referred to as the “Products”).Ready Couture“). In the case of orders for Couture à Porter, the Buyer is informed that production lead times will necessarily be extended in accordance with what will be indicated on the order confirmation.
The photographs and descriptions of the Products offered for sale online are as accurate as possible. They are only binding on the Company for what is precisely indicated. The Buyer is however informed and accepts that certain characteristics of the Products, and in particular their color, may not correspond exactly to the photographs presented on the Site, due to technical constraints.
To place an order, the Buyer must select the Product of his/her choice and place it in his/her shopping basket.
The customer can access the basket summary at any time until the order has been definitively validated, and can correct any errors in the information entered.
The order is deemed to have been received by the Company when it has access to it.
As part of the order process, the Purchaser is asked to provide his or her contact details for delivery and billing purposes. All fields marked as mandatory must be filled in. Orders that do not include all the required information cannot be validated.
The Buyer guarantees that all information given in the order form is accurate, up-to-date and sincere, and is not misleading.
He/she is informed and accepts that this information is proof of his/her identity and commits him/her as soon as it is validated.
- Order confirmation
Once the order has been placed, the Buyer will receive an email confirming the order:
- summarizes the elements of the order and the expected delivery time,
- includes the general conditions in force on the day of the order,
- includes the invoice corresponding to the order.
The Buyer must ensure that the contact details entered in his or her Account or are correct and that they allow the Buyer to receive the order confirmation email. If the Buyer does not receive the confirmation e-mail, he/she must contact the Company using the contact details mentioned in article 2.
The Company recommends that the Buyer retain the information contained in the order confirmation.
The order confirmation is deemed to have been received by the Buyer when it can be accessed.
- Prices and payment terms
The sale prices of the Products are displayed on the Site.
They are quoted in euros, inclusive of all taxes (French VAT and other applicable taxes).
The Company reserves the right, at its own discretion and on terms to be determined by it alone, to offer promotional offers or price reductions.
Prices do not include any delivery charges that may apply to the delivery of the Products, which are invoiced in addition to the price of the Products. The amount of the applicable delivery charges will be indicated before the order is validated by the Buyer.
The applicable price is that displayed on the Site at the time the Buyer’s order is registered.
Attention: Outside the European Union and in French overseas departments and territories, customs duties or local taxes may be payable and may be invoiced upon receipt of the parcel by the Buyer, in addition to the price paid to the Company. These duties and taxes, the exact amount of which the Company cannot determine in advance and of which it cannot therefore inform the Buyer prior to his order, remain the responsibility of the Buyer, who alone is responsible for the proper completion of any related declarations and/or formalities.
- Terms of payment
The full price of the Products is payable at the time of order, except in the case of payment in several instalments without charge where such a facility is offered.
Payment can be made online:
- by credit card, using the secure online payment service indicated on the Site,
- by Paypal,
… or by any other means proposed on the Site at the time of the order.
The Buyer guarantees the Company that he/she has the necessary authorizations to use the chosen method of payment.
The Company reserves the right to suspend or cancel any order and/or delivery in the event of non-payment of any sum due by the Buyer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site.
Penalties equal to 1.5 times (one and a half times) the French legal interest rate will be applied automatically to unpaid amounts from the first presentation of a formal notice by registered letter with acknowledgement of receipt.
Purchase invoices will be sent to the Buyer by any useful means.
The Buyer can access the invoice corresponding to his order in his Personal Area.
- Reservation of ownership
The Company retains full ownership of the Products sold until full payment has been received, including delivery costs.
- Delivery territory
The Site indicates, for each Product offered for sale, the possible delivery territories for this Product.
Delivery of Products ordered on the Site will be made to the address indicated at the time of the Buyer’s order as the “delivery address” (which may be different from the billing address), provided that it is located within the possible delivery territory for the Products concerned.
Purchasers who wish their order to be delivered to another country may contact the Company using the details given in article 2. The Company will then contact the Purchaser as soon as possible to inform him or her whether or not the desired delivery is possible and, if so, under what conditions, in particular in terms of delivery time and cost. The Buyer’s order will then be processed and validated by e-mail.
- Delivery methods
Products ordered on the Site are delivered to the address indicated at the time of the Buyer’s order as the “delivery address” (which may be different from the billing address), which can only be located in one of the countries indicated on the Site.
Different delivery methods may be possible, depending on the category of Products and their weight.
Before validating the order, the Purchaser is informed of the possible delivery methods for the Product ordered, as well as the delivery times and costs corresponding to each of these methods.
The Buyer must select the desired delivery method and provide all the information required for effective delivery of the Product by this method.
- Delivery times
Delivery is made within the time indicated in the order confirmation email.
The Buyer acknowledges and accepts that delivery times are necessarily longer for Wearable Sewing Products due to the very nature of said Products and their customization on request.
In the event of failure to deliver within the aforementioned period, the Buyer may cancel the order by registered letter with acknowledgement of receipt, or in writing on another durable medium, if, after having enjoined the Company, under the same terms and conditions, to make delivery within a reasonable additional period, it has not complied within this period.
The contract is considered terminated upon receipt by the Company of the letter or writing informing it of such termination, unless it has performed in the meantime.
In the event of termination of the contract in accordance with the above terms, the Buyer will be reimbursed for all sums paid, including delivery charges, within 14 (fourteen) days of the date on which the contract was terminated.
In any event, the Company reserves the right to contact the Purchaser in order to propose alternative solutions for reimbursing the price of the Products and delivery costs. The Buyer must expressly and on a durable medium his/her acceptance of the choice of an alternative method of reimbursement.
- Right of withdrawal
The Buyer has a period of 14 (fourteen) days, from the date of receipt of the Products ordered, to withdraw from the contract without having to give any reason or pay any penalty, with the exception of the cost of returning the Products, which remains the Buyer’s responsibility and must be paid by the Buyer. In the case of orders for several Products delivered separately, the aforementioned period runs from receipt of the last Product.
The Buyer who wishes to exercise his right of withdrawal must send to the Company at the address mentioned in article 2 hereof, before the expiry of the above-mentioned period, the withdrawal form appended to these general terms and conditions duly completed, or a statement clearly expressing his wish to withdraw and including his order number.
Products must be returned to the Company in their original packaging, without undue delay, and at the latest within 14 (fourteen) calendar days of the Purchaser’s communication of his/her wish to withdraw. They must be accompanied by a copy of the corresponding purchase invoice. The Buyer is deemed responsible for any deterioration of the Products when they are returned to the Company.
The Buyer will be reimbursed as soon as possible, and at the latest within 14 (fourteen) days from the date of effective receipt by the Company of the request for retraction, for all sums paid for the order, less any return costs, which remain the Buyer’s responsibility. However, the Company reserves the right to defer this reimbursement until the Products have been effectively recovered.
By way of exception, if any products ordered have been (i) unsealed by the Buyer after delivery and cannot be returned for reasons of hygiene or health protection (ii) customized to the customer’s specifications or clearly personalized (including Couture à porter products), then the Buyer does not have a right of withdrawal.
Consequently, the Buyer expressly waives, in this case, his right of withdrawal, which cannot be exercised, in accordance with articles L.221-28 3° and L.221-28 5° of the French Consumer Code.
- Legal warranties
The Buyer benefits from legal warranties for non-conformity as well as for hidden defects of the item sold, including defects of conformity resulting from the packaging of Products ordered on the Site.
If the Buyer finds that the Product delivered to him has a defect, a lack of conformity or is damaged, he must inform the Company at the address mentioned in article 2 hereof, indicating the nature of the defect, non-conformity or damage found and sending any useful evidence, particularly in the form of photograph(s).
The Company will organize the return of the goods with the carrier of its choice, and will inform the Buyer by any useful means. The Company will bear the cost of the return.
Products must be returned to the Company in their original packaging. They must be accompanied by a copy of the corresponding purchase invoice.
Returns of Products that do not comply with the above conditions will not be accepted.
The Company will carry out the necessary checks and offer the Buyer a replacement Product where possible. If it is impossible to replace the Product, the Company will refund the Buyer the full price paid for the Product and the corresponding delivery costs, by any useful means, as soon as possible and at the latest within 14 (fourteen) days of the date on which the Company informed the Buyer of the impossibility of replacing the Product.
Consumers are reminded that, when acting under the legal warranty of conformity, all :
- has a period of 2 (two) years from the date of delivery of the goods to take action;
- may choose between repairing or replacing the good, subject to the cost conditions stipulated in Article L217-9 of the French Consumer Code;
- is exempted from proving the existence of a lack of conformity for 24 (twenty-four) months following delivery.
It is also reminded that the legal warranty of conformity applies independently of any commercial warranty that may have been granted.
Any consumer may also decide to invoke the warranty against hidden defects in the item sold, as defined in article 1641 of the French Civil Code. In this case, the consumer may choose between rescission of the sale or a reduction in the purchase price, in accordance with article 1644 of the French Civil Code.
- Buyer’s obligations
Purchasers are solely responsible for the use they make of the Products. It is their responsibility to verify the suitability of the Products for their specific needs prior to purchasing said Products.
They must also take the necessary steps to safeguard by their own means the information in their Personal Space that they deem necessary, no copy of which will be supplied to them.
Finally, it is the responsibility of Buyers to take all appropriate measures to protect their own data and/or software stored on their computer equipment against any attack.
- Company liability
- The Company undertakes to carry out regular checks to verify the operation and accessibility of the Site. In this respect, the Company reserves the right to temporarily interrupt access to the Site for maintenance purposes. Likewise, the Company shall not be held liable for any temporary difficulties or impossibilities in accessing the Site due to circumstances beyond its control, force majeure, or disruptions to telecommunications networks.
- The Company provides the Buyer with no guarantee as to the suitability of the Products to the Buyer’s needs, expectations or constraints.
- The Company shall not be held liable for non-performance or delay in performance of sales contracts due to circumstances beyond its control or to force majeure, it being expressly stipulated that, in addition to those usually accepted by the jurisprudence of French courts, the following are considered to be cases of force majeure: exceptional weather conditions, natural disasters, fires and floods, lightning, terrorist attacks, breakdown or blockage of telecommunication networks, means of transport or postal services, including as a result of strikes, damage caused by viruses which cannot be eradicated by the security measures available on the market, as well as any legal, regulatory or public order obligation imposed by the competent authorities which would have the effect of substantially modifying the present terms and conditions.
- In any event, the liability that may be incurred by the Société hereunder is expressly limited to proven direct damage suffered by Purchasers.
- Intellectual property
The systems, software, structures, infrastructures, databases and content of all kinds (text, images, visuals, music, logos, trademarks, databases, etc.) used by the Company within the Site are protected by all intellectual property rights or database producers’ rights in force. All disassembly, decompilation, decryption, extraction, reuse, copying and, more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of the Company, are strictly prohibited and may be subject to legal action.
The logo reproduced at the head of this document is the one used by the Company on the Site. The Company reserves the right to use other logos in its commercial communications.
- Personal data
The Company’s personal data protection policy is described in the document entitled “Personal data protection charter “, which the Buyer is expressly invited to read.
The Company reserves the right to insert on any page of the Site and in any communication to Buyers any advertising or promotional messages in a form and under conditions to be determined by the Company.
- Links and third-party sites
The Company shall under no circumstances be held liable for the technical availability of websites or mobile applications operated by third parties (including any of its partners) to which the Purchaser may have access via the Site.
The Company is also not responsible for transactions between the Buyer and any advertiser, professional or merchant (including any of its partners) to whom the Buyer may be directed via the Site, and shall not be a party to any disputes with such third parties concerning, in particular, the delivery of products and/or services, warranties, representations or any other obligations whatsoever to which such third parties are bound.
- Prohibited behaviour
- The following are strictly prohibited (i) any behavior likely to interrupt, suspend, slow down or prevent the proper functioning of the Site, (ii) any intrusions or attempted intrusions into the Company’s systems, (iii) any misappropriation of the Site’s system resources, (iv) any actions likely to impose a disproportionate load on the latter’s infrastructures, (v) any breaches of security and authentication measures, (vi) any action likely to prejudice the financial, commercial or moral rights and interests of the Company or of users of its Site, (vii) any practice diverting the Site to purposes other than those for which it was designed, and more generally (viii) any breach of these terms and conditions or of the laws and regulations in force.
- Likewise, it is strictly forbidden to monetize, sell or grant access to all or part of the Site or the information it contains.
- Any commercial use of the Products by the Purchasers is prohibited, and in particular any resale or distribution for consideration.
- In the event of failure to comply with any of the provisions of the present article or, more generally, of breaches of laws and regulations, the Company reserves the right to take all appropriate measures and to institute legal proceedings.
The Buyer may unsubscribe from the Site at any time, by sending a request to this effect to the Company by e-mail, using the contact details mentioned in article 2.
Unsubscription takes effect within a maximum of 7 (seven) days from the date of this request. It leads to the automatic deletion of the Buyer’s Account.
The Company reserves the right to modify these terms and conditions of sale at any time. In this case, the applicable conditions will be those in force at the date of the Buyer’s order.
In the event of a translation of these terms and conditions into one or more languages, the language of interpretation shall be French in the event of contradiction or dispute as to the meaning of a term or provision.
The Buyer has the right to have recourse, free of charge, to a consumer mediator for the amicable resolution of any dispute with the Company concerning the performance of the present contract, under the conditions set out in articles L611-1 et seq. and R152-1 et seq. of the French Consumer Code.
To this end, he may contact the following consumer mediator:
Consumer mediation center of justice conciliators (CM2C)
Postal address: 14 rue Saint Jean 75017 Paris
Phone : 06 09 20 48 86
- Applicable law and jurisdiction
These terms and conditions are governed by French law.
In the event of any dispute concerning the validity, interpretation and/or execution of these general terms and conditions, the parties agree that the Paris courts shall have exclusive jurisdiction, except in the event of mandatory procedural rules to the contrary.
Appendix – Withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract).
To the attention of: IMANE AYISSI SAS
Address: 2 RUE DE PANAMA – 75018 PARIS
Email : firstname.lastname@example.org
I hereby notify you of my withdrawal from the contract for the sale of the following item:
Order number :
Ordered on (*) / received on (*)
Name of buyer(s) :
Address of buyer(s) :
Signature of purchaser(s) :
(only in the case of notification of this form on paper)
(*) Delete as appropriate.
Appendix 2: Legal warranties
Article L. 217-4 of the French Consumer Code
The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when the latter was his responsibility under the contract or was carried out under his responsibility.
Article L. 217-5 of the French Consumer Code
The property conforms to the contract:
Whether it is fit for the purpose ordinarily expected of similar goods and, if so :
– if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the Buyer in the form of a sample or model;
– it has the qualities that a Buyer may legitimately expect, having regard to the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling;
Or if it presents the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the Buyer, brought to the attention of the Seller and accepted by the latter.
Article L. 217-7 of the French Consumer Code
Defects of conformity which appear within twenty-four months of delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is six months. The seller may rebut this presumption if it is not compatible with the nature of the good or the alleged lack of conformity.
Article L. 217-8 Consumer Code
The Buyer is entitled to demand that the goods conform to the contract. He may not, however, contest conformity by invoking a defect of which he was aware or could not have been unaware when he entered into the contract. The same applies when the defect is due to materials supplied by the Buyer.
Article L. 217-9 Consumer Code
In the event of a lack of conformity, the Buyer may choose between repair and replacement. However, the Vendor may not proceed according to the Purchaser’s choice if this choice entails a cost that is manifestly disproportionate to the other option, given the value of the goods or the importance of the defect. In this case, the Seller is obliged to proceed according to the method not chosen by the Buyer, unless this is impossible.
Article L. 217-10 Consumer Code
If repair and replacement of the good are impossible, the Buyer may return the good and have the price refunded, or keep the good and have part of the price refunded. The same option is available to him:
1° If the solution requested, proposed or agreed in application of article L. 217-9 cannot be implemented within one month of the Buyer’s complaint;
2° Or if this solution cannot be found without major inconvenience to the customer, given the nature of the good and the use he is seeking.
However, the sale may not be rescinded if the lack of conformity is minor.
Article L.217-11 of the French Consumer Code
The application of the provisions of articles L. 217-9 and L. 217-10 is at no cost to the Buyer. These same provisions do not preclude the award of damages.
Article L. 217-12 of the French Consumer Code
Any action arising from a lack of conformity must be brought within two years of delivery of the goods.
Article L. 217-16 of the French Consumer Code
When the Buyer asks the Seller, during the term of the commercial warranty granted at the time of purchase or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the date of the Buyer’s request for intervention, or from the date the item in question is made available for repair, if the item is made available after the request for intervention.
Article 1641 of the French Civil Code
The seller is liable for any hidden defects in the item sold which render it unsuitable for its intended use, or which impair this use to such an extent that the Buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.
Article 1643 of the French Civil Code
He is liable for hidden defects, even if he is unaware of them, unless he has stipulated that he will not be bound by any warranty.
Article 1644 of the French Civil Code
In the case of articles 1641 and 1643, the Buyer has the choice of returning the item and having the price refunded, or keeping the item and having part of the price refunded.
Article 1648 paragraph 1 of the French Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.