General Terms and Conditions of Sale
1. Relationship Between You and I-Percut
These General Terms and Conditions of Sale for I-Percut Products and Services (hereinafter the "I-Percut General Terms and Conditions of Sale") constitute the contractual terms between You (hereinafter "Buyer", "You", "Your", "Yours", "Consumer", or "User") and I-PERCUT SAS (hereinafter "I-Percut", "We", "Our", "Us").
By placing an order or purchasing one or more I-Percut Products and Services (hereinafter the "Products and Services"), You expressly agree to these I-Percut General Terms and Conditions of Sale.
These I-Percut General Terms and Conditions of Sale are a subset of the I-Percut General Terms of Use. The I-Percut General Terms and Conditions of Sale prevail over any other document of the I-Percut General Terms of Use regarding their subject matter.
Delivery of Products and Services is currently only available in Metropolitan France. These I-Percut General Terms and Conditions of Sale are currently available in the following languages:
• French
• English
As a Consumer, You acknowledge and warrant that:
• You have obtained and read a copy of these I-Percut General Terms and Conditions of Sale; and,
• You will use the I-Percut Products and Services provided by I-Percut solely for personal and non-commercial purposes, and that You are not acting in the context of commercial, industrial, craft, or liberal activities; and,
• You have these I-Percut General Terms and Conditions of Sale on a durable medium, particularly by physically printing them; and,
• You are of legal age or authorized under the laws of Your country of residence to enter into these I-Percut General Terms and Conditions of Sale; and,
• The laws of Your country of residence allow You to purchase and have a Product or Service from I-Percut delivered; and,
• You do not have any reservations regarding the provisions of the I-Percut General Terms and Conditions of Sale; and,
• Placing an order must be interpreted as unconditional acceptance of the I-Percut General Terms and Conditions of Sale; and,
• You are fully aware that placing an order on the Website entails an obligation to pay; and,
• Placing an order or purchasing one or more I-Percut Products and Services confirms that You have read, understood, and agreed to these I-Percut General Terms and Conditions of Sale without reservation, dispute, or refusal.
2. Definitions
We use certain words with capitalized first letters. This capitalization indicates that the word has the following meaning:
"Buyer": Refers to a Consumer who has placed one or more orders for one or more I-Percut Products or Services that can be purchased through the Website and/or Applications published by I-Percut, and who has all the necessary rights to enter into a Contract and place an order.
"Consumer": Refers to any natural person who acts for personal and non-commercial purposes that do not fall within the scope of their commercial, industrial, craft, or liberal activities.
"Contract": Refers to any contract established between the Consumer and I-Percut based on the order placed by the Consumer, after confirmation of the order by I-Percut and completion of all actions required in these General Terms and Conditions of Sale.
"Parties": The Buyer or Consumer or User, on the one hand, and I-Percut, on the other hand.
"Products and Services": Refers to all of Our connected Products, Software, and Applications that can be ordered on the Website.
"Website": Refers to the website(s) provided by I-Percut.
"User": Refers to a natural person who uses or interacts with I-Percut Products and/or Services.
3. Purpose
These I-Percut General Terms and Conditions of Sale apply to all means and actions allowing
(1) The presentation of an offer to the Consumer, particularly through the Website and applications published by I-Percut,
(2) The acceptance of this Offer through the conclusion of the Contract, and
(3) The execution of this Contract.
4. Modifications to the I-Percut General Terms and Conditions of Sale
The Parties understand and acknowledge that I-Percut has the right, at any time, to modify all or part of these General Terms and Conditions of Sale, to integrate modifications required by law or any other applicable regulation, any modification of Our Products and Services, or any event deemed sufficiently adequate by I-Percut to require such modifications.
Any new version of the I-Percut General Terms and Conditions of Sale will replace the previous version. However, any order is subject to the version of the I-Percut General Terms and Conditions of Sale applicable at the time of the order.
We recommend that You frequently consult the I-Percut General Terms and Conditions of Sale and save each version on a durable medium at Your convenience.
5. Order Process and Contract Formation
Product Description – Price – Constituent Elements of the Offer
Product Description
Each Product presented on the Website is the subject of a description that We establish. Only these General Terms and Conditions, the descriptions, characteristics, feature presentations, and prices implemented on media that We publish and present directly to You constitute the Product descriptions approved by I-Percut.
It is Your responsibility to verify the compatibility of the Product(s) and Service(s), as described in the elements listed above, with Your own needs or those for which You intend the Products.
You acknowledge that the photographs and videos illustrating the Products do not constitute contractual documents and are presented for illustrative purposes only, not for information. They should not be considered a determining factor in the Buyer's consent to place an order.
Price
Prices are always indicated excluding any potential delivery and transport costs. These costs are mentioned before order validation. They will be clearly invoiced in addition to the price of the ordered Product, unless otherwise indicated. This indication may take the form of a discount voucher, gift card, or special offer.
Depending on Your connection location to the Website, the prices indicated on the Website may not include taxes. We draw Your attention to the fact that the selling price never includes any potential customs fees. The legislation applicable to You may also provide for certain direct or indirect taxes that We do not collect. Any tax not indicated during the order process remains due under the applicable legislation and is Your sole responsibility.
The prices indicated on the Website may be offered in a currency that does not correspond to the currency used in Your country. I-Percut will not bear any currency exchange fees. The Buyer must pay the additional fees related to currency exchange. You should inquire about the applicable fees and exchange rates at the time You place the order, particularly with regard to the payment method You wish to use and that We offer.
The amount You must pay includes the selling price of the Product, related delivery fees, and, where applicable, the aforementioned taxes. All these elements are indicated on the order summary page.
The prices We present to You may be modified at any time. Only the price presented to You on the summary page at the time You place the order is applicable.
Constituent Elements of the Offer
The above elements determine the offer by which We are bound when You have accepted it. The online sales offers We present to You are valid, within the limit of available stock, as long as they are accessible on the Website and on the Applications published by I-Percut, or until the expiration of their validity period if one is mentioned on the Website or Applications.
Thus, I-Percut can only be committed by offers that are directly presented by I-Percut on the Website or through the Applications.
We inform You that, prior to Your identification as a Buyer (by entering Your order information), You can view the details of Your cart by clicking on the "Cart" icon. You can then enter discount codes and gift cards You have by entering the code on the same page and confirming. The indicated price will then take these discounts into account.
Buyer Identification – Determination of Delivery and Billing Addresses
To place an order, You can do so without creating an Account. It is imperative that the Buyer provides Us with true and updated information, particularly their name, complete physical address, and phone number. This information allows I-Percut to properly process and deliver the order.
If You have designated another person to receive Your order, always ensure that You have obtained their prior consent to receive Your order and to authorize You to provide Us with information about them, particularly their Personal Data. I-Percut cannot be held responsible for information provided without the recipient's consent. By providing incorrect information, the Buyer waives their right to allege a breach of the Contract by I-Percut if I-Percut cannot fulfill its obligations due to the Buyer's failure to provide correct information about the order recipient.
To facilitate electronic communication, We remind You that Your identification can be automated through the use of cookies. Identification will be automatic unless You delete Your Internet browser history. It is therefore recommended to delete Your Internet browser history when You leave it. I-Percut cannot be held responsible for any communication of Personal Data that may be known to one or more third parties due to the express or implied authorization You have given to these third parties by leaving Your Internet browser without deleting Your history.
Order – Preliminary Order Verification
When We have the information allowing Us to:
• Issue the invoice for Your order, and
• Identify You as the person who placed the order, and
• Define the destination address,
We will offer You different delivery methods. You must choose one, which will be invoiced at the indicated price. The order will be invoiced according to the indicated price. The delivery method will apply to all Products in Your cart (Products ordered on Our Website and/or on an Application). The indicated price is valid for all Products. If You wish for the Products to be delivered under different conditions, You must place several orders.
Unless otherwise indicated, discount vouchers and gift cards do not apply to delivery fees.
So that You can know the price of Your order, the delivery rate, and the delivery method You have chosen will be added to Your cart, with the total indicating the price You will actually pay for Your order. We remind You that this price does not include customs fees and may not include all taxes that You may have to pay under the legislation applicable to You.
By clicking on "continue," We will indicate the available payment methods. After choosing the payment method, You will be invited to complete a form to identify the payment method You wish to use.
Payment – Security of Payment Methods – Fraud Prevention
We provide You with different payment methods to settle Your order:
• Credit card (Visa, MasterCard, Discover, American Express)
• PayPal
Transactions are carried out through transaction collection platforms that allow payments to be received. The payment transaction is issued and carried out by third-party companies. By making a payment through Our Services, You may be required to have a personal Account. Consequently, We do not have access to Your banking data. Also, to combat fraud, We have implemented order verification procedures. These measures may allow Us to block and, if necessary, cancel an order if fraud is detected. You will then be notified by email at the address You have provided to Us. If this cancellation is unjustified, do not hesitate to contact Our customer service.
Order Finalization – Contract Conclusion
To finalize Your order, We provide You with a summary of the information related to Your order, allowing You to verify the details of Your order. Thus, before clicking the button to finalize the order and express Your acceptance, You have the possibility to edit and modify the billing address, shipping address, desired shipping method, and the Products and Services in Your cart.
To finalize the order, You must click on "Validate my order." You acknowledge that placing an order implies an obligation to pay. The absence of payment prevents any order formation. A unique order number is then immediately communicated to the email address You provided during the order process. Your order confirmation results in the conclusion of a contract between I-Percut and You and implies:
• Your firm acceptance of an offer presented by I-Percut, particularly through the Website or its Applications (including mobile) or any other organized sales system published by I-Percut, without the simultaneous physical presence of the Parties, through the exclusive use of one or more distance communication techniques;
• Acceptance of these I-Percut General Terms and Conditions of Sale;
• Unless otherwise stated, acceptance of immediate payment of the selling price of the Products and Services once the contract is concluded.
I-Percut may conclude the Contract with You based on the information You have provided, or I-Percut may refuse to conclude the Contract with You based on data analysis to verify the compliance of Your order with these General Terms and Conditions of Sale, particularly the delivery location and fraud prevention measures. An email acknowledging receipt of the order, its acceptance by I-Percut, Your acceptance, and payment of the order will be sent by I-Percut to the email address You provided to Us during the order process ("Order Confirmation Email").
Archiving
The archiving of communications, order forms, and invoices is carried out on I-Percut's servers to allow both Parties to create a copy of the elements enabling the conclusion of the contract.
Specific Provisions for Subscription Offers
Some Products and Services may be offered to You through a subscription. This subscription commits You for a determined period (the "Initial Contractual Period"). This period is specified in the order You place. If this subscription concerns an I-Percut Service, You acknowledge explicitly requesting that this I-Percut Service be executed as soon as possible. Consequently, You will not be able to benefit from Your right of withdrawal if the I-Percut Service is fully executed. By subscribing to a subscription, You place a single order that obliges You to pay the amount attached to the duration of Your subscription.
Unless terminated under the conditions determined below, Your subscription will be automatically renewed for the same duration subscribed after the expiration of the initial contractual period. The renewal will be invoiced at the price applicable on the day of the subscription renewal.
You will be notified of this automatic renewal by a dedicated email to the email address You provided to Us. This email will be sent to You at the earliest three (3) months and at the latest one (1) month before the end of the initial contractual period.
After the expiration of the initial contractual period, You may terminate the Contract for the supply of Products and Services with a subscription at any time and without notice. However, if the subscription concerns an I-Percut Service offered over a given period, We must consider that any month started must be paid.
Product Delivery
Delivery Time
Unless otherwise indicated or agreed upon regarding the delivery date, We commit to delivering the Products You have ordered within a period of thirty (30) calendar days after the conclusion of the contract and payment of the order.
Delivery Conditions – Prerequisites
Delivery (hereinafter "Delivery" in these General Terms and Conditions of Sale) is carried out by the transfer of physical possession and/or control of the Product. The delivery of the Products will be presumed to have taken place as soon as:
The delivery of the Product(s) is made to the address You have indicated to Us, or
The delivery of the Product(s) is made to You or to the third party You have designated (other than the carrier), or
The Product has been activated in connection with an Account.
Any risk of loss or damage to the Product(s) is transferred to You at the moment when You, or the third party You have designated, physically take possession of the Product(s).
You are required to comply with certain prerequisites related to delivery, particularly those indicated in the I-Percut General Terms of Use. Thus, You or the person You have designated to receive the delivery must:
Be present at the address indicated by You during the delivery persons' passing hours if these hours have been indicated by I-Percut or the carrier proposed by I-Percut;
Immediately upon delivery, verify the delivered Products and immediately notify I-Percut, particularly by email, of any anomaly in the delivered items.
Any claim related to an error or anomaly in the Delivery must be made as soon as possible.
Failure to Deliver
In the event of the return of an order due to an impossibility of delivery that is not attributable to Us or to the company We have entrusted with the delivery, We may, without prejudice to the other rights You have as a Consumer and Buyer, claim from You the costs necessary for a new shipment. This could be the case, in particular, if You do not comply with the prerequisites related to delivery.
Delivery Delay
You may terminate the Contract if We do not deliver to You within thirty (30) calendar days after receiving the Order Confirmation Email and payment of Your order, unless We have indicated in Your order a date later than thirty (30) calendar days after receiving the Order Confirmation Email and payment of Your order.
However, prior to this termination of the Contract, You must enjoin Us to carry out the delivery within an additional reasonable time. Termination can only take place if We do not deliver to You within this time. Your termination of the Contract must be made by registered letter with acknowledgment of receipt or by writing on another durable medium.
The contract is considered terminated when We receive this letter or writing informing Us of this termination, unless Your order has been delivered to You in the meantime.
You may, however, immediately terminate the contract if We do not comply with the above-mentioned deadlines and if compliance with the applicable deadline constitutes an essential condition of the contract for You. This essential condition results from the circumstances surrounding the conclusion of the Contract or an express request You have made before the conclusion of the contract.
If the contract is terminated under the conditions indicated above, We will refund You the total amount paid, at the latest within fourteen (14) days following the date on which the Contract was denounced.
6. I-Percut’s Right of Withdrawal
The provisions of this article are not intended to deprive You of rights guaranteed by law.
Conditions
You have a period of thirty (30) days from the date of the Product order to withdraw.
This thirty (30)-day period expires after the date on which You placed Your order. The order date of the Product is indicated on the order confirmation.
This commercial withdrawal granted by I-Percut does not apply in the following cases:
• For all digital content;
• When You cannot return the Product and its accessories in their original packaging;
• For Services offered by I-Percut, such as hosting solutions;
• For I-Percut Services subject to a subscription;
• When the returned Product does not correspond to the Product subject to this commercial withdrawal. This can be established by the MAC number of Our Products;
• When the returned Product has been used in conditions not compliant with the instructions given by I-Percut for the use of the Product. This may be the case, in particular, if the Product is returned broken or in a condition that does not allow Us to resell the Product as is. Thus, any restoration requiring the replacement of one or more components of the Product excludes the right to commercial withdrawal;
When the Product has been in contact with water, although We do not mention the "waterproof" or "water-resistant" nature of the Product;
• In case of supply of goods made to the Buyer’s specifications or clearly personalized;
• In case of supply of goods that may deteriorate rapidly;
• In case of supply of goods that have been unsealed by You after delivery and cannot be returned for reasons of hygiene or health protection;
• In case of supply of audio or video recordings or computer software that have been unsealed by You after delivery;
• In case of supply of digital content not provided on a physical medium whose execution has begun after Your prior express agreement and express waiver of Your right of withdrawal.
Any Product not purchased through the I-Percut Website cannot benefit from this withdrawal option. The User is invited to contact the person or distributor who sold them the Product.
How to Exercise Your Right of Withdrawal?
The decision to withdraw must be communicated to Us through an unambiguous statement in which You clearly express Your intention to withdraw (e.g., a letter sent by post or email) or by contacting Our customer service. For commercial management purposes and to improve Our Products and Services, We may ask You to explain Your decision.
Consequences
By expressing Your decision to withdraw, You commit to returning the Product(s) subject to withdrawal, along with all their accessories, as soon as possible. The return of the Product(s) is at Your expense. You will bear all return costs of the Product(s). The burden of proof of the exercise of this commercial withdrawal and the return of the Product(s) lies with You. The Product(s) and their accessories must be returned to the addresses that will be communicated to You by Our customer service.
As soon as We receive the Product(s) and after verifying them, We will refund You as soon as possible for the price of the Product(s), excluding delivery costs, bank charges, and customs fees. We will make this refund using the same payment method that You used for the initial transaction. With Your agreement, We may offer to make the refund through another payment method; in any case, You will not incur any fees due to the refund.
However, if the verification of the returned Product(s) reveals a condition excluding this commercial withdrawal, We may, in particular, offer You the following choices:
• To return the Product to You at Your expense and risk, following prior payment of the return costs;
• Destruction of the Product – Repair of the Product. The latter will occur if You refuse to pay the return costs of the Product within fourteen (14) days from Our notification that Your Product is not covered by the commercial withdrawal.
7. Legal Right of Withdrawal
Consumers located within the European Union will be subject to the provisions of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council.
European Consumers may always benefit from the provisions applicable to the commercial withdrawal granted by I-Percut if the provisions relating to the "I-Percut Right of Withdrawal" are more favorable than those granted by the law of their country of residence.
8. After-Sales Service
We provide You with an after-sales service, which You can contact for any questions relating to Our Products and/or Our Services, by email at sav@i-percut.com.
In order to respond to Your support request, some of Your personal information may be temporarily transmitted to Our after-sales service until the problem is resolved. We ensure that Our after-sales service strictly complies with Our Privacy Policy.
9. Warranties
It is Your responsibility to verify that the Product and/or Service You wish to order complies with the legislation of the country of delivery and the conditions applicable to the entry of Products and/or Services into the country of delivery.
Warranty and Liability Related to the Means of Placing an Order on the
In accordance with the I-Percut General Terms of Use of Products and Services, and unless otherwise provided by mandatory legal provisions, particularly in the event of bodily injury, I-Percut’s liability related to the use of the Website and/or Applications and the technical means of placing an order cannot be engaged due to direct or indirect, material or immaterial damages, including loss of profit, loss of opportunity, loss of customers, loss of data, or loss of image that You may suffer.
The service related to the means of placing an order on the Website or Applications is provided "as is," "as available," and "with all faults." I-Percut does not grant You any express or implied warranty of any kind in relation to the Website, Applications, or the service related to the means of placing an order on the Website or Applications. Thus, I-Percut does not guarantee, in particular, merchantable quality, fitness for a particular purpose, or non-infringement.
Warranty Related to I-Percut Products
By placing an order on the Website and/or through Our Applications, You benefit from the warranties applicable to each Product. These warranties may vary depending on the country where You have Your habitual residence. You will find the warranties corresponding to Your Product in the document "I-Percut European Commercial Warranty for I-Percut Products."
Legal Warranties
Legal warranties apply independently of any commercial warranty possibly granted (extended I-Percut warranty). In accordance with French law, if You are a consumer within the meaning of the Consumer Code and provided that I-Percut is the seller from whom You acquired the good or service, I-Percut is liable for defects in conformity of the good to the contract under the conditions of Article L 217-4 et seq. of the Consumer Code and for hidden defects of the sold item under the conditions provided for in Articles 1641 et seq. of the Civil Code.
Legal Warranty of Conformity
The seller is required to deliver a good that conforms to the Contract and is liable for defects in conformity existing at the time of delivery. The seller is also liable for defects in conformity resulting from packaging, assembly instructions, or installation when these have been carried out under their responsibility by the Contract or have been performed under their supervision.
To conform to the Contract, the good must:
Be fit for the use usually expected of a similar good and, where applicable, correspond to the description given by the seller and possess the qualities presented to the Buyer in the form of a sample or model, and present the qualities that a Buyer can legitimately expect given the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling;
Or present the characteristics defined by mutual agreement between the Parties or be fit for any special use sought by the Buyer, made known to the seller, and that the latter has accepted.
The action resulting from the lack of conformity is subject to a two (2)-year limitation period from the delivery of the good.
You can choose between the repair or replacement of the good, subject to the cost conditions provided for in Article L. 217-12 of the Consumer Code. You are exempted from providing proof of the existence of the lack of conformity of the good during the twenty-four (24) months following the delivery of the good. This period is set at twelve (12) months for second-hand goods.
Legal Warranty for Hidden Defects of the Sold Item
The seller is liable for the warranty for hidden defects of the sold item that make it unfit for the use for which it is intended, or that so diminish this use that the Buyer would not have acquired it, or would have paid a lower price, if they had known about them.
The action resulting from redhibitory defects must be brought by the Buyer within a period of two (2) years from the discovery of the defect. You may then choose between the rescission of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
10. Protection of Personal Data
For I-Percut, the protection of the privacy of its Users is of the utmost importance. We invite You to read Our Privacy Policy. You have a right of access, rectification, and opposition to the information concerning You. You may also, for legitimate reasons, object to the processing of Personal Data concerning You.
11. General Provisions
Force Majeure
Any event deemed to be unpredictable, irresistible, and external, and that prevents Us from fulfilling Our obligations in accordance with the I-Percut General Terms and Conditions of Sale, is considered a Force Majeure Event ("Force Majeure Event"). The following events are specifically considered as Force Majeure Events: strikes, floods, fires, lockdowns, disruptions and failures in transport services, difficulties in the supply of raw materials or energy, any communication interference causing difficulties in fulfilling an obligation or performing any obligation required by these I-Percut General Terms and Conditions of Sale, which will then be suspended for the duration of the Force Majeure Event. The performance of such an obligation will be immediately resumed once the cause of the Force Majeure Event ceases.
Entire Agreement
These I-Percut General Terms and Conditions of Sale constitute the entire agreement between You and Us and cancel, exclude, and replace any prior commitment on this subject. You acknowledge that other I-Percut General Terms of Use documents may also apply when You are subject to these I-Percut General Terms and Conditions of Sale.
Severability
If any provision of these I-Percut General Terms and Conditions of Sale is deemed invalid or unenforceable by a competent court or jurisdiction, the invalid or unenforceable part or provision will be deemed unwritten
Waiver
No failure, delay, or partial performance by I-Percut of one or more rights provided for in any of the stipulations of these I-Percut General Terms and Conditions of Sale may be interpreted as implying a waiver by I-Percut to subsequently invoke this stipulation or to rely on the potential failure of the other party to this stipulation.
Evidence – Electronic Communication
Any notification or communication between You and I-Percut may be made by any electronic means. Thus, You are fully informed that I-Percut may communicate information to You by any electronic and dematerialized means that can be directly or indirectly linked to Your I-Percut Account for Products and Services.
Applicable Law – Dispute Resolution
In the event of a dispute or disagreement between I-Percut and You resulting from or in connection with Your use of an I-Percut Product or Service, the Parties must, in good faith and as soon as possible, and prior to any legal action, attempt to resolve the dispute through an amicable procedure or through out-of-court dispute resolution. In case of dispute, only French courts will have jurisdiction.
If, despite all Our efforts to meet Your expectations, You do not obtain satisfaction from Our Customer Service, You can use the services of a consumer mediator free of charge. The Paris Center for Mediation and Arbitration will assist You in Your steps if You contact them: (i) via their online form (www.cmap.fr), or (ii) by email at consommation@cmap.fr, or (iii) by simple or registered mail to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS.
The parties may agree to resolve their dispute using the online dispute resolution platform provided by the European Union. You can access the platform here.
Appendix: Legal Right of Withdrawal
1. Conditions and Deadlines for the Right of Withdrawal
You have a period of thirty (30) days to exercise Your right of withdrawal from the Contract concluded with Us. The thirty (30)-day period runs from:
• The receipt of the Product by the Buyer or by a third party, other than the carrier designated by I-Percut or designated by the Buyer. The receipt ("Receipt") of the good by the Buyer is understood as the delivery of the Product or its activation.
• The conclusion of the contract for service provision contracts.
For contracts providing for the regular delivery of goods over a defined period, the period runs from the receipt of the first good.
In the case of an order for multiple goods delivered separately or in the case of an order for a good consisting of lots or multiple pieces whose delivery is staggered over a defined period, the withdrawal period runs from the receipt of the last good, lot, or piece.
In the context of the provision of services, You can request that the contract be executed immediately. If You have exercised Your right of withdrawal from a service contract whose execution has begun, at Your express request, before the end of the withdrawal period, You must pay Us an amount corresponding to the service provided until the receipt of the communication of Your decision to withdraw; this amount is proportional to the total price of the service agreed in the contract.
2. Exclusions from the Right of Withdrawal
The right of withdrawal cannot be exercised for contracts:
• For the provision of services fully performed before the end of the withdrawal period and whose execution has begun after the Consumer's prior express agreement and express waiver of their right of withdrawal;
• For the supply of goods made to the Buyer’s specifications or clearly personalized;
• For the supply of goods that may deteriorate rapidly;
• For the supply of goods that have been unsealed by the Consumer after delivery and cannot be returned for reasons of hygiene or health protection;
• For the supply of audio or video recordings or computer software that have been unsealed by the consumer after delivery;
• For the supply of digital content not provided on a physical medium whose execution has begun after the Consumer's prior express agreement and express waiver of their right of withdrawal.
By these presents, the Consumer and/or Buyer gives their express consent for the provision of digital content independent of any physical medium before the expiration of the withdrawal period. In this case, the Consumer and/or Buyer waives the exercise of their right of withdrawal.
3. Methods for Exercising the Right of Withdrawal and Returning the Product
You have the right to withdraw without giving any reason within a period of thirty (30) days. The withdrawal period expires thirty (30) days after the day on which You (or a third party other than the carrier and designated by You) physically take possession of the good or the last good.
The burden of proof of the exercise of the right of withdrawal lies with You as the Buyer. This is why We advise You to notify Your decision to withdraw by registered letter with acknowledgment of receipt.
The decision to withdraw does not have to be justified. To exercise the right of withdrawal, You must notify Us of Your decision to withdraw by means of an unambiguous statement. You can use the following withdrawal request template if You wish:
Madam, Sir,
In accordance with Article L. 221-18 of the Consumer Code, I inform You that I wish to exercise my right of withdrawal regarding this order, which I undertake to return to You within fourteen days:
Order placed on ………… / ………… / ………… (DD/MM/YYYY)
Full Name :
…………………………………………………………………………………………………………………………
Full Address :
…………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………
Country :
…………………………………………………………………………………………………………………………
Date and Signature
………… / ………… / ………… (JJ/MM/YYYY)
Your withdrawal request must be sent to Us before the expiration of the withdrawal period,
• Either by mail (the postmark being proof) to this address:
I-PERCUT SAS
Withdrawal Service
2 chemin des Coteaux
Métairie Neuve
81700 APPELLE (FRANCE)
• Or by email to the address contact@i-percut.com. If You use this option, We will send You an acknowledgment of receipt of the withdrawal without delay. To comply with the withdrawal period, it is sufficient for You to send Your communication relating to the exercise of the right of withdrawal before the expiration of the withdrawal period.
4. Refund Conditions After Exercising the Right of Withdrawal
Exercising the right of withdrawal obliges You to return to Us the Product(s) subject to withdrawal within a maximum period of fourteen (14) days from the date of communication of the withdrawal decision.
The return of the Product is at Your expense; the burden of proof of the exercise of the right of withdrawal and the return of the Product(s) lies with the Buyer.
In the context of the implementation of the right of withdrawal, Your liability may be engaged in case of depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics, and proper functioning of these goods.
Exercising the right of withdrawal allows for a refund by I-Percut of all sums paid when You purchased the Product(s) and/or Services. However, the refund of delivery costs is made based on the standard delivery method proposed by I-Percut. The standard delivery method corresponds to the least expensive delivery method offered to the Consumer before they place their order. Proof of this delivery cost can be provided by any means by I-Percut.
No refund can take place before I-Percut receives the Products or communication of proof of shipment of the Product(s) subject to the exercise of the right of withdrawal.
I-Percut will make this refund using the same payment method as that used for the initial transaction. However, and with Your prior agreement, another payment method may be used. Your agreement can be notified to Us by means of electronic communications such as email. The refund must not result in any costs for the consumer.
Effects of Withdrawal
In case of withdrawal on Your part, We will refund all payments previously received from You, related to the Products and Services that are the subject of this withdrawal, including delivery costs (but based on the standard delivery method proposed by I-Percut). This refund will take place no later than fourteen (14) days from the day on which We are informed of Your decision to withdraw from this contract.
We will proceed with the refund using the same payment method as that used for the initial transaction, unless You expressly agree to a different method; in any case, this refund will not result in any costs for You.
We may defer the refund until We have received the good or until You have provided proof of shipment of the good.