General terms and conditions of sale
All elements and products on this site are the property of Ikatee and its legal representative Stéphanie Godefroy and are protected by copyright and intellectual property laws. It is FORBIDDEN TO SELL CLOTHING from Ikatee patterns, whether the patterns were purchased on the site, in digital or paper form or purchased from a partner retailer.
The Site is a trading platform, which allows Internet users (hereinafter: the "Customer") to acquire products as defined below.
The Site and the Products are intended for individuals and are not intended for professionals.
The Site does not allow the purchase with a view to their resale.
By the mere fact of validating his order on the Site, the CUSTOMER declares having read, understood and accepted without reservation the terms of the said order as well as the entirety of the present general conditions of sale.
These general terms and conditions of sale are systematically accessible on this Site by the CUSTOMER when the order is recorded.
In accordance with the provisions of article 1369-1 of the Civil Code, these general terms and conditions of sale may be kept by any person visiting the Site, by means of a computer record, and may also be reproduced by the CUSTOMER, by means of their printing.
1. Scope of application
The present General Terms and Conditions of Sale apply automatically, without restriction or reservation, to all sales concluded by the company ikatee (hereinafter referred to as the "SELLER") with consumer or non-professional buyers (hereinafter referred to as the "CUSTOMER"), wishing to acquire the products offered for sale by the SELLER on its website http://ikatee.fr.
These General Terms and Conditions of Sale shall prevail, where applicable, over any other version or any other contradictory document.
In particular, these General Terms and Conditions of Sale shall apply to the exclusion of those applicable to other channels of distribution or marketing of the SELLER's products.
These General Terms and Conditions of Sale were updated on 20 June 2017. This edition cancels and replaces the previous versions.
2. Acceptance of the General Terms and Conditions of Sale
By ticking the box "I have read and accept the General Terms and Conditions of Sale" (or by ordering a product for sale on the site), the CUSTOMER accepts these General Terms and Conditions of Sale, acknowledges that it is fully aware of them and waives the right to invoke any other conditions.
3. Modification of the General Terms and Conditions of Sale
The SELLER reserves the right to modify its General Terms and Conditions of Sale at any time. In this case, the applicable conditions will be those in force at the date of the order by the CLIENT.
The new version of the General Terms and Conditions of Sale shall not apply to transactions concluded previously.
The CUSTOMER, who wishes to place an order on the website, must obligatorily :
- Identify himself
- Fill out the order form
- View the order summary
- If necessary, correct any errors in the command
- Confirm your order (double-click principle).
The validation of the order is an express acceptance of all operations carried out on the website.
The sale will only be considered final after the CLIENT has received confirmation of acceptance of the order by the SELLER by e-mail and after the SELLER has received the full price.
For the purposes of proper completion of the order, and in accordance with Article 1316-1 of the Civil Code, the Customer undertakes to provide his true identification details.
The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
5. Characteristics of the products
Each product offered for sale by the SELLER is described on the website.
The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The CUSTOMER is informed that the presentation of the products and colours may vary according to the settings of his computer.
6. Availability of products - Warning
The products presented on the site are offered for sale in all territories for digital products. For physical products, the territories are those for which a delivery method is available.
Product offers are subject to availability of stock. Indications on the availability of products are provided at the time the order is placed.
7. Selling prices
The products are supplied at the current prices shown on the site, when the CLIENT places an order. Prices are expressed in Euros, all taxes included.
These prices are firm and non-revisable during their period of validity, as indicated on the SELLER'S site.
These prices do not include handling (packaging) and delivery costs, which are invoiced in addition.
8. Processing and delivery charges
The processing and delivery costs are flat-rate and fixed regardless of the actual costs of transport and packaging.
Processing fees cannot be changed after order.
In the case of a collection in store, the CUSTOMER must go to the Atelier-show room, located at 15 rue du garet 69001 Lyon to make the collection. The workshop is open by appointment only. An appointment can be made at another time by contacting the SELLER.
9. Methods of payment
The prize is payable in full and in a single way as follows:
Visa - Mastercard - Carte Bleue Nationale
When you place your order on the website, you indicate the number of your card, its expiry date and the last 3 digits on the back of your card (Cryptogram). Your account will be debited with the amount of your purchase when the order is shipped.
Bank check (only for French customers):
Please make your cheque payable to: ikatee and indicate the order reference on the back of the cheque. Please send your cheque with the order form to the following address:
16 rue du Garet
Your cheque will be returned for cashing upon receipt.
Your order will be processed upon receipt of your cheque.
You make a transfer corresponding to the amount of your order confirmation received by email. The bank details will be mentioned in your order confirmation. Your order will be processed upon receipt of your transfer.
The payments made by the CUSTOMER will only be considered final after the SELLER has effectively cashed the sums due.
The SELLER shall not be required to deliver the products ordered by the CLIENT if the CLIENT does not pay the price in full under the conditions indicated above; the SELLER reserves the right, in the event of non-compliance with the terms of payment set out above, to suspend or cancel by operation of law the delivery of current orders placed by the CLIENT.
Once payment has been initiated by the CUSTOMER, the transaction is immediately debited after verification of the information. In accordance with Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating his banking information at the time of the sale, the Customer authorises the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or if it is impossible to debit the card, the Sale is immediately cancelled by operation of law and the order is cancelled.
10. Delivery - Default
The products acquired by the CUSTOMER are delivered in metropolitan France or in the countries open to delivery (see delivery tab on the site) within the period indicated when the order is placed on the delivery tab of the site, to the address indicated by the CUSTOMER when ordering on the website.
Except in special cases or unavailability of one or more products, the products ordered will be delivered in a single delivery. Deliveries are made by an independent carrier, chosen by the SELLER.
Delivery means the transfer to the CLIENT of physical possession or control of the product.
The CLIENT is required to check the condition of the products delivered.
In accordance with Article L133-3 of the French Commercial Code, the CUSTOMER has a period of three days, excluding public holidays, from receipt of the products, to make any claim to the carrier, by registered letter, regarding the loss and/or damage of the package(s) observed.
Delivery times for physical products are indicative, according to the information provided by the seller's third party carrier.
With regard to digital products, Ikatee has decided to no longer limit the downloading of purchased PDF templates.
The number of downloads is limited to 5 times.
PS: it is expressly requested not to share ikatee templates that are reserved for family and personal use. "Support the work of independent designers!"
11. Transfer of ownership - risks
The transfer of ownership of the SELLER's products to the CUSTOMER will only be made after full payment of the price by the CUSTOMER, regardless of the delivery date of the said products.
The transfer of the risks of loss and deterioration of the SELLER'S products will be carried out at the time when the CLIENT takes physical possession of the goods, as soon as the carrier is proposed by the SELLER.
Except in the case of special conditions, the rights granted hereunder are granted solely to the natural person signing the order (or the person holding the email address communicated).
12. Right of retraction
In accordance with Article L. 121-20 of the Consumer Code, "the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify his reasons or pay penalties, with the exception, where appropriate, of the cost of return". "The period mentioned in the previous paragraph shall run from receipt in the case of goods or from acceptance of the offer in the case of services. The right of withdrawal may be exercised by contacting the Company as follows:
Sending an email to firstname.lastname@example.org
If the right of withdrawal is exercised within the above-mentioned period, only the price of the product(s) purchased and the shipping costs will be refunded, the cost of returning the product(s) will be borne by the Customer.
Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be remarketed as new; if possible, they must be accompanied by a copy of the proof of purchase.
Products made to order, and in particular fabrics cut to order, are not affected by the right of withdrawal.
In accordance with the legal provisions, you will find below the standard withdrawal form to be sent to us at the following address:
16 rue du Garet
I/We hereby notify you of my/our withdrawal from the contract of sale of the property below:
Ordered / Received on :
Name of customer
Reimbursement procedure : The refund will be made upon receipt by the SELLER of the returned products and subject to their condition. The refund will be made by Paypal, by credit card according to the method of payment of the initial order. In case of payment by check, the refund will be made by bank transfer.
13.1 Statutory guarantees
I. Legal guarantee against hidden defects making the products unfit for use
The seller is liable for hidden defects of the thing sold under the conditions provided for in articles 1641 and following of the Civil Code.
The legal guarantee against hidden defects covers the hidden defects of the item sold within the meaning of article 1641 of the Civil Code.
The consumer who would like to make a claim under the guarantee of defects of the item sold within the meaning of Articles 1641 et seq. of the Civil Code should address his request to :
16 rue du garet
When he acts as a legal guarantee against hidden defects in the item sold, the consumer is informed that he has a period of two years from the discovery of the defect.
The consumer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, the consumer can choose between cancellation of the sale or a reduction of the sale price, in accordance with Article 1644 of the Civil Code.
II. Legal guarantee of conformity (articles L.211-4 et seq. of the Consumer Code)
The seller is liable for any lack of conformity of the goods to the contract under the conditions of articles L.211-4 et seq. of the French Consumer Code.
The legal guarantee of conformity applies to products that do not meet the legal definition of conformity of article L.211-5 of the Consumer Code.
The consumer who would like to make a claim under the legal guarantee of conformity provided for in articles L.211-4 and following of the Consumer Code should send his request to :
16 rue du garet
When acting as a legal guarantee of conformity, the consumer shall be informed that he :
- has a period of two years from the delivery of the goods to act;
- can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 211-9 of the French Consumer Code ;
- is exempt from having to provide proof of the existence of the lack of conformity of the goods during the six months following delivery of the goods. This period is extended to twenty-four months from 18 March 2016, except for second-hand goods.
The legal guarantee of conformity shall apply independently of any commercial guarantee that may have been granted.
It is recalled that the consumer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, the consumer can choose between cancellation of the sale or a reduction of the sale price, in accordance with Article 1644 of the Civil Code.
13.2 Commercial guarantee
The CUSTOMER is invited to refer to the terms and conditions of warranty specified and attached to each product. For any claim, the customer service department is at the disposal of the CUSTOMER.
Under no circumstances may the commercial warranty granted reduce or eliminate the aforementioned legal warranties.
The SELLER's liability may not be engaged in the event that the non-performance or poor performance of its obligations is attributable either to the CLIENT, or to the unforeseeable and insurmountable fact of a third party to the contract, or to a case of force majeure as defined by French case law.
15. Intellectual property - Hypertext links
All elements of the SELLER'S website, whether visual or audio, including the underlying technology, are protected by French and international laws on intellectual property.
They are the exclusive property of the SELLER and/or its partners.
Any total or partial reproduction of the contents of the SELLER'S website is strictly prohibited and may constitute an infringement of copyright.
The trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the SELLER. No transfer of intellectual property rights is made through these GCS. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
The exploitation rights of the patterns published by the SELLER are granted exclusively for family and personal use.
16. Computers and liberties
Pursuant to Law 78-17 of 6 January 1978, it is recalled that the personal data requested from the CUSTOMER are necessary for processing his order and for the preparation of invoices, in particular.
The processing of personal data communicated via the website has been declared to the CNIL (French Data Protection Authority) (Declaration No.).
The CUSTOMER has, in accordance with the national and European regulations in force, a permanent right of access and rectification of information concerning him/her.
These rights may be exercised by contacting: email@example.com.
The CUSTOMER may also, for legitimate reasons, oppose the processing of data concerning him/her.
By entering your email address on one of the sites in our network, you will receive emails containing information and promotional offers concerning products published by the Company and its partners. You can unsubscribe at any time. To do so, simply click on the link at the end of our emails or contact the data controller (the Company) by letter RAR. We carry out on all our sites a follow-up of the frequentation. For this, we use tools such as Google Analytics.
17. Convention on Evidence
The computerized registers, kept in the SELLER's computer systems under reasonable conditions of security, will be considered as proof of communications, orders and payments between the parties.
It is expressly agreed that, in the absence of proof to the contrary, the data stored in the SELLER's information system shall have evidential force with respect to orders placed by the CLIENT. Data on computer or electronic media constitute valid proof and as such are admissible under the same conditions and with the same probative force as any document that would be drawn up, received or kept in writing.
The archiving of purchase orders and invoices is carried out on a reliable and durable medium in such a way as to correspond to a faithful and durable copy in accordance with Article 1348 of the Civil Code.
E-mails as well as postal mail and faxes are also valid as perfect proof.
To access and/or modify the data recorded during online orders, the CUSTOMER may send his request to: firstname.lastname@example.org.
The fact that one or other of the Parties does not claim the application of any clause of the General Terms and Conditions of Sale or acquiesces to its non-performance, whether permanently or temporarily, shall not be interpreted as a waiver by that Party of the rights that it derives for it from the said clause.
19. Language of the contract
The proposed language for concluding the distance contract is French.
20. Applicable legislation
By express agreement between the Parties, the present General Terms and Conditions of Sale and the purchase and sale operations resulting therefrom are governed by French law.
The SELLER'S products comply with the regulations in force in France.
21. Force majeure
The performance of the seller's obligations hereunder shall be suspended in the event of the occurrence of an act of God or force majeure that would prevent performance. The seller shall notify the customer of the occurrence of such an event as soon as possible.