Terms and conditions
General Conditions of Use
Art.1 - Preamble
The icebag.com website is an e-commerce space offering a remote Product ordering service followed by preparation of delivered Products (the “Service”) by the company GIMEX INTERNATIONAL (the “Company”) under the conditions defined below.
Art.2 - Purpose of the site
These general conditions (hereinafter the “General Conditions”) are concluded on the one hand by the Company making the offer and on the other hand, by any natural person representing a commercial entity.
These General Conditions define the rights and obligations of the parties in the context of the sale of all Products available on the Site.
Art.3 - Application and acceptance of the General Conditions
These General Conditions are intended for professionals.
Any order placed on the Site necessarily entails, as a substantial and determining condition, full and unreserved acceptance of the prices and these General Conditions.
After confirming the order, the Customer acknowledges having read, understood and accepted the General Conditions without limitation or condition.
Art.4 - Database and cookies
In accordance with the provisions relating to the protection of databases, the Company is the producer and owner of all or part of the databases making up the Site.
By accessing the Site, the Customer acknowledges that the data composing it are legally protected; it is prohibited in particular from extracting, reusing, storing, reproducing, representing or retaining, directly or indirectly, on any medium, by any means and in any form whatsoever, all or part qualitatively or quantitatively substantial, of the content of the databases appearing within the Site which it accesses as well as from extracting or reusing repeatedly and systematically parts qualitatively and quantitatively insubstantial when these operations clearly exceed normal conditions.
The Customer is informed that during his visits to the Site, a cookie may be automatically installed on his browser software. Cookies do not contain personal information and cannot be used to identify someone. By browsing the Site, the Customer accepts them. However, he must give his consent to the use of certain cookies. In the absence of acceptance, the Customer is informed that certain features or pages may be refused. The Customer may deactivate these cookies via the settings in his browser software.
Art.5 - Intellectual property
The brands, logos, signs and all contents of the Site are protected by the intellectual property code and more particularly by copyright. The Ice.bag® brand is a registered trademark.
Any representation and/or reproduction and/or partial or total exploitation of this brand, of any nature whatsoever, is totally prohibited.
The Customer must request prior authorization from the Site for any reproduction, publication, copy of the various contents. He undertakes to use the contents of the Site in a strictly private context, any use for commercial and advertising purposes is strictly prohibited.
Any total or partial representation of this Site by any process whatsoever, without the express authorization of the operator of the Internet Site would constitute an infringement punishable by article L 335-2 and following of the Intellectual Property Code.
It is recalled in accordance with article L122-5 of the Intellectual Property Code that the Client who reproduces, copies or publishes the protected content must cite the author and its source.
Art.6 - Computer files and data collection
The Company may be required to ask the Client for personal data when consulting and using the Site. This data is processed in accordance with the purposes provided for at the time of collection, namely:
- Management of forms on the Site
- Customer Account Management
- Management of orders placed on the Site
The data collected is intended for the Company to manage the commercial and contractual relationship with the Customer. It may also be transmitted to partners who contribute to these relationships, such as those responsible for executing orders for their management, execution, processing and payment.
The Company undertakes to protect the privacy of its Customers and the information communicated to it in compliance with Law No. 78-17 "Information Technology and Freedoms" of January 6, 1978, amended by the law of August 6, 2004. The Customer has the right to access, rectify, modify and delete personal data that the Customer has communicated to it.
The Customer may exercise this right by sending an email to the following address: contact@icebag.com.
Subject to a breach of the above provisions, the Customer has the right to lodge a complaint with the CNIL (www.cnil.fr).
General Conditions of Sale
Art.1 - Preamble
The icebag.com website (the “Site”) is an e-commerce space offering a remote Product ordering service followed by preparation of delivered Products (the “Service”) by the company GIMEX INTERNATIONAL (the “Company”) under the conditions defined below.
Art.2 - Purpose of the Site
These general terms and conditions of sale (hereinafter the “General Terms and Conditions”) are concluded on the one hand by the Company making the offer and on the other hand, by any professional (hereinafter the “Client”).
According to the introductory article of the Consumer Code, a professional is understood to be "any natural or legal person, public or private, who acts for purposes falling within the scope of his commercial, industrial, craft, liberal or agricultural activity, including when he acts in the name of or on behalf of another professional".
These General Conditions define the rights and obligations of the parties in the context of the sale of all Products available on the Site.
Art.3 - Application and acceptance of the General Conditions
These General Conditions are intended for professionals.
Any order placed on the Site necessarily entails, as a substantial and determining condition, full and unreserved acceptance of the prices and these General Conditions.
After confirming the order, the Customer acknowledges having read, understood and accepted the General Conditions without limitation or condition.
Art.4 - Creation of a customer account
For the purposes of purchasing the products available on the Site (the “Product(s)”), the Customer is required to provide personal information enabling them to be identified when creating an account or when placing an order.
If the Customer is placing an order for the first time and/or has not yet provided his/her personal information to the Company, the Customer will have to complete a form when placing the order. Once the customer account is created, the Customer will receive a confirmation email at the email address he/she provided when creating the customer account.
This essential information must be complete, accurate and up to date so that the order is processed correctly.
Art.5 - Products
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Product sheets:
Each Product offered on the Site is the subject of a sheet accessible by clicking on the photograph of the product concerned. This sheet presents the essential characteristics of the selected Product in accordance with Article L.111-1 of the Consumer Code.
The Customer is informed of the possibility of a difference in presentation upon delivery resulting from a modification of the commercial packaging. This difference does not affect in any way the content and characteristics of the product.
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Photographs and illustrations:
The photos are not contractual and variations may exist between the colors and the products delivered.
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Availability :
The Products are offered as long as they are visible on the Site and within the limit of available stocks. In the event of unavailability of a product after an order has been placed, the Customer will be informed by email. His order will be automatically cancelled and no bank debit will be made.
Art.6 - Method of subscribing to orders and description of the purchasing process
Orders for Products are placed directly on the Site. To place an order, after the customer account has been validated by the Company, the Customer must follow the steps described below:
- The Customer must select the Product(s) of their choice by clicking on the Product(s) concerned and choosing the desired characteristics and quantities. Once all the Products have been selected, the Customer finalizes the contents of their basket and, if necessary, modifies the quantities, adds or removes Products. However, it is specified that the Customer may only order the Products by the full carton.
- The Customer is invited to consult and accept all of the General Conditions.
- The Customer then validates his basket and may have to complete the information necessary for the execution of the order by the Company, or ensure that the information communicated when opening the account is complete, accurate and up to date. The Customer is invited to check the contents of his order before validating the content.
- The Customer has the choice between several types of secure payments:
- Visa, Mastercard, Amex, Apple Pay, PayPal, Shop Pay
- Once the payment method for the order has been validated, the Customer receives an email confirming the payment and a summary of the entire order placed. The Company reserves the right not to record a payment, and not to confirm an order for any reason whatsoever, and more particularly in the event of a supply problem or in the event of difficulty concerning the order received.
Any order confirmation implies the Customer's full and complete acceptance of these General Conditions, without exception or reservation. All data provided and the recorded confirmation will constitute proof of the transaction. The Customer declares to have full knowledge of it. The order confirmation will constitute signature and acceptance of the operations carried out.
A summary of the information of the order placed will be communicated to the Customer via the confirmation email address of said order.
Art.7 - Prices and payment terms
The Products are invoiced in Euros on the basis of the rate in effect on the day of the agreed delivery, subject to their availability, regardless of any provisions to the contrary that may appear on any document issued by the Customer, in particular, on valued orders.
The Company reserves the right to modify the price of the Products at any time. Any change in the VAT rate may be reflected in the price of the Products.
For the moment, orders outside the EEC require a study of the additional transport cost.
The minimum order to be eligible for free shipping is €250 excluding VAT. Otherwise, delivery costs will be payable in addition, at the rate of €18 excluding VAT, subject to the Company's agreement on the order. For Corsica, a transport supplement of €21.00 excluding VAT will be charged per delivery.
- Delivery costs of €18 excluding VAT for mainland France.
- Fee of €41 excluding VAT for Corsica.
When payment is not made on the due date, penalties are automatically applicable, under the following conditions: interest is accrued at the annual rate of 12%. In the event of contentious recovery, all costs incurred (legal costs, advisory fees, etc.) will be charged to the Customer. In accordance with the provisions of Article 441-10 of the French Commercial Code, the amount of the fixed compensation for recovery costs due to the Company in the event of late payment is 40 euros.
In the event of non-payment of the price of the Products or the penalties required, the Company reserves the right to refuse subsequent orders, to demand immediate payment of current orders or to make subsequent sales subject to guarantees or more demanding payment conditions.
As soon as the Customer takes physical possession of the Products ordered, the risks of loss or damage to the Products are transferred to him.
Art.8 - Delivery
The Products are delivered to the delivery address indicated during the order process, within the time indicated on the order confirmation page.
The minimum delivery time is 5 working days. This period only starts from the day the Company is in possession of all the information necessary for the proper execution of the order. The Company therefore reserves the right not to accept an order that does not contain all the information necessary for its proper execution.
Within this period, the Company will endeavour to respond to any order without a late order being binding on the Company.
Any order modification requested by the buyer can only be taken into account if it has been received at least one (1) working day before the date of dispatch of the Products. After this period, no further modifications can be made.
Delivery times are given as an indication only.
The Company makes it possible to collect Products from its logistics center in Servon, in Seine-et-Marne.
No penalty will be due in the event of cancellation of an order, total or partial unavailability of a product or late delivery if the Company has previously notified the Customer no later than twenty-four (24) hours before the initially scheduled delivery date, in writing, by post or by courier.
It is the responsibility of the recipient Customer, in the event of damage, loss or late delivery due to the fault or negligence of the carriers, even those chosen by the Company, to make any reservations (clear, precise and complete) in the presence of the driver on the delivery slip duly dated and signed, with confirmation to the carrier by registered letter within three (3) days of delivery in accordance with Article L 133-3 of the French Commercial Code and to send a copy together with the delivery note concerned by registered letter with acknowledgement of receipt to the Company within five (5) days of receipt of the goods, failing which any claim against the Company will be foreclosed.
Any Products delivered which do not comply with those mentioned in the Customer's order, accepted by the Company, will only be taken back by the Company if it has been informed in writing within four (4) days of receipt of these Products.
In the event of a delay in delivery not attributable to the Customer, the latter may request reimbursement of his order under the conditions set out in Article L.216-2 of the Consumer Code.
Art.9 - Product Warranty
The Company is liable for defects in conformity of the Products. All Products supplied by the Company benefit from the legal guarantee provided for by Articles 1641 et seq. of the Civil Code (guarantee against hidden defects) and Articles L.217-1 to L.217-14 and L.411-1 to L.411-2 of the Consumer Code (legal guarantee of conformity).
In the event of non-conformity/hidden defect of a Product sold, it may be returned, exchanged or refunded.
When the Customer acts under the legal guarantee of conformity, he benefits from a period of two (2) years from the delivery of the Product to act and is exempt from providing proof of the existence of the lack of conformity during the six (6) months following the delivery of the goods.
In the event of a lack of conformity, the Customer may request the replacement or repair of the Products.
The Products must be returned in their original condition and complete (packaging, accessories, instructions). The return costs will be borne by the Company upon presentation of proof.
Products modified, repaired, integrated or added by the Customer are excluded from the warranty. The warranty will not apply to apparent defects and will not cover Products returned damaged during transport or due to improper use. Any complaints must be made in advance by email via the "Contact" section of the Site.
If applicable, the refund will be made within thirty (30) days of receipt of the Product by the Company by the same means of payment as that used by the Customer for the initial transaction, unless the Customer requests another means of refund.
Art.10 - Return of products
Return policy :No returns will be accepted without a return slip validated by the GIMEX International headquarters.
The Customer has a period of fourteen (14) days from receipt of the order to return unwanted Products to the Company in order to obtain a refund.
The Customer must comply with the following return conditions:
- The Products must be packaged in their original packaging and accompanied by their labels;
- The return form must be included in the package;
- Return costs are the responsibility of the Customer.
Regarding the return process to follow, the Customer must:
- Log in to your customer account,
- Go to the “My orders” section.
- Select the order concerned, the Products that the Customer wishes to return and the quantity.
- Click on “Return a product”.
- Return to your customer account, “product return” tab then print the return slip.
- Submit the completed return form. If this form is missing the Company will not be able to identify the order number and process the return quickly.
- Drop off the package, have the proof of deposit stamped and kept.
Upon receipt of the package in accordance with the Company's return conditions, the latter will proceed to reimburse it.
The Customer will be reimbursed within fifteen (15) days from receipt of the returned Products in compliance with the return conditions.
The Customer will receive a confirmation email once the return has been validated.
Return of products due to defects:
Products which have been the subject of a dispute may only be returned with the express agreement of the Company.
In the event of a dispute, the Customer must facilitate any intervention by the Company to note the defects and provide solutions. The Customer shall refrain from intervening himself or from involving a third party not mandated by the Company.
Return costs are the responsibility of the Customer (and will be reimbursed where applicable by the Company in the event of non-compliance or hidden defect).
The Customer must return the Products properly protected (if possible in their original packaging), accompanied by any accessories. The Products must not have been used to an extent that exceeds what is necessary to establish the nature, characteristics and proper functioning of the Product. Thus, they must not bear the mark of prolonged use exceeding the time necessary for their fitting, or testing.
In the event of a duly noted defect, the Company may choose to cancel the sale or replace the defective Products. Under no circumstances may the existence of defects in an order justify non-payment for Products free of defects.
Any complaint must be made in advance by email via the “Contact” section of the Site.
Art.11 - Liability
The Products offered comply with current French legislation. The Company shall not be held liable in the event of non-compliance with the legislation of the country where the Product is delivered. It is the Customer's responsibility to check with the local authorities the possibilities of importing or using the Products that the Customer plans to order.
Furthermore, the Company cannot be held responsible for damage resulting from improper use of the product purchased.
Finally, the Company cannot be held liable for any inconvenience or damage inherent in the use of the Internet, in particular a breakdown in Service, an external intrusion or the presence of computer viruses.
Art.12 - Obligations of the parties
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Customer Obligations:
The Customer undertakes to use the Site in accordance with the purpose of the Site, and in particular:
The Customer undertakes to provide their personal information in an accurate and up-to-date manner. As such, they acknowledge and accept that they are solely responsible for the accuracy and updating of their personal information, and that they cannot under any circumstances hold the Company liable for an error when entering their personal information when creating or updating their Customer account.
The Customer acknowledges and accepts that the Company has access to his Customer account. The Customer acknowledges and accepts that he is solely responsible for the confidentiality of his identifiers allowing him to access his account. He undertakes to preserve the confidential nature of his identifiers, and to modify them immediately in the event of loss or theft.
He acknowledges and accepts that the Client is in no way responsible for the connection to the Client account by a third party. The Client undertakes to immediately inform the Company in the event of suspected fraud.
In general, the Customer undertakes not to disrupt, by any means whatsoever, the proper functioning of the Site.
In the event of a malfunction or interruption of access to the Site due to the Client, the Company reserves the right to initiate any procedure likely to put an end to the disruption on the one hand, and to obtain compensation for the damage suffered by the award of damages, where applicable, on the other hand. Similarly, the Client undertakes not to download or publish on the Site, in any way, any illicit content, contrary to good morals and public order, infringing the intellectual property rights of a third party, and more generally any content likely to harm the rights of a third party.
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Obligations of the Company:
- Access to the Site
The Company implements all means to guarantee continuous access to the Site. However, the Company is authorized to interrupt access to the Site, with or without prior notice, for a fixed or indefinite period, without being held liable for any possible damage. The Company is in no way liable for any damage resulting from the fraudulent use of the network by a third party, nor from the proper functioning of the Client's network.
- Contents and services of the Site
The contents accessible on the Site are purely informative and not exhaustive. The Company is in no way responsible for the inaccuracy, obsolescence or completeness of the contents. The Company declares that it holds all useful rights to the contents of the Site.
The Company is in no way responsible for the use of the Site Services by the Client.
The Company implements all means to ensure the conservation and protection of the data entered by the Client on his account.
The Company does not guarantee the Customer against the deletion of its data and reserves the right to delete a Customer account or suspend the validity of the Customer's identifiers in the event of suspicion of fraud against the General Terms and Conditions by the Customer or by a third party likely to harm the Customer's rights. These operations do not entitle the Customer to compensation.
Art.13 - Independence of clauses
Any change in the legislation or regulations in force, or any decision by a competent court invalidating one or more clauses of these General Conditions shall not affect the validity of these General Conditions. Such a change or decision shall in no way authorize a Customer to disregard these general conditions.
Any conditions not expressly dealt with herein shall be governed in accordance with the custom of the retail sector, for companies whose head office is located in France.
Art.14 - Applicable law
These General Conditions are subject to French law. In the absence of an amicable settlement, disputes relating to orders placed on the Site are under the exclusive jurisdiction of the courts of the Evry district.
In accordance with Article L.616-2 of the Consumer Code, the Company informs the Customer of the existence of the platform put online by the European Commission, the purpose of which is to collect any complaints arising from an online purchase by European consumers and then to forward the cases received to the competent national mediators (https://ec.europa.eu/consumers/odr/).
Art.15 - Unique Eco-contribution identifier
In accordance with article R.541-173 of the French Environment Code, please find below our identification number for the eco-organization to which we have adhered: FR343229_01BTRX