Terms and conditions

General Conditions

General Conditions of Use

Art. 1 - Preamble

The Icebag.com Website (hereinafter “The Site”) is an electronic commerce space offering a remote Product ordering service followed by the 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 comprising it are legally protected; in particular, it is prohibited to extract, reuse, store, reproduce, represent or store, 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 to which it is accessing, as well as to repeatedly and systematically extract or reuse qualitatively and quantitatively insubstantial parts when these operations clearly exceed normal conditions.

The Customer is informed that during their visits to the Site, a cookie may be automatically installed on their browser software. Cookies do not contain personal information and cannot be used to identify anyone. By browsing the Site, the Customer accepts them. However, they must give their consent to the use of certain cookies. If they do not accept, the Customer is informed that certain features or pages may be refused. The Customer may deactivate these cookies via the settings in their browser software.

 

Art.5 - Intellectual property

The trademarks, logos, signs, and all content on the Site are protected by intellectual property law, particularly 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, or copying of the various contents. The Customer agrees to use the contents of the Site in a strictly private context; any use for commercial or advertising purposes is strictly prohibited.

Any total or partial representation of these Sites by any process whatsoever, without the express authorization of the operator of the Website would constitute an infringement punishable by article L 335-2 et seq. 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 request personal data from the Client when consulting and using the Site. This data is processed in accordance with the purposes set out at the time of collection, namely:

  • Management of forms present 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 Client. It may also be transmitted to partners who contribute to these relationships, such as those responsible for the execution of orders for their management, execution, processing and payment.

The Company undertakes to protect the privacy of its Clients and the information communicated to it in compliance with Law No. 78-17 "Informatique et Libertés" of January 6, 1978, amended by the law of August 6, 2004. The Client has the right to access, rectify, modify and delete the personal data that the Client has communicated to it.

The Customer can exercise this right by sending an email to the following address: contact@icebag.com

Subject to a breach of the above provisions, the Client has the right to file a complaint with the CNIL (www.cnil.fr).

 

General Conditions of Sale

Art. 1 - Preamble

The Icebag.com Website (hereinafter “The Site”) is an electronic commerce space offering a remote Product ordering service followed by the 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 mean "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 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

In order to purchase 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 their personal information to the Company, they will be required 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 they 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

  1. 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.

 

  1. Photographs and illustrations:

The photos are not contractual and variations may exist between the colors and the products delivered.

 

  1. Availability :

Products are offered while they are visible on the Site and within the limits of available stocks. In the event of unavailability of a product after an order has been placed, the Customer will be informed by email. Their order will then be automatically canceled and refunded via the same payment method used for the purchase, according to the deadlines applied by the banking institution (immediate or deferred).

 

Art.6 - Method of subscribing to orders and description of the purchasing process

Product orders 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:

  1. 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 Products by the full carton.
  2. The Client is invited to consult and accept all of the General Conditions.
  3. The Customer then validates their shopping cart and may have to complete the information necessary for the Company to execute the order, or ensure that the information provided when opening the account is complete, accurate and up to date. The Customer is invited to check the contents of their order before validating the content.
  4. The Customer has the choice between several types of secure payments:

Visa, Mastercard, Amex, Apple Pay, PayPal, Shop Pay

 

  1. Once the order payment method has been validated, the Customer will receive 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 Terms and 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 them. The order confirmation will constitute signature and acceptance of the transactions 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 based on the rate in effect on the agreed delivery date, 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.

Country of destination and participation in transport costs

Metropolitan France excluding Corsica:

  • Free shipping for orders over €299 excluding VAT
  • Contribution to delivery costs of €9.90 excluding VAT.

Delivery (excluding islands) to Germany, Austria, Belgium, Denmark, Spain, Hungary, Italy, Luxembourg, Netherlands, Poland, Portugal, Czech Republic, Slovakia :

  • Free shipping for orders over €350 excluding VAT
  • Contribution to delivery costs of €19.90 excluding VAT.

Delivery (excluding islands) to Bulgaria, Croatia, Estonia, Finland, Ireland, Latvia, Lithuania, Romania, Slovenia, Sweden, Greece:

  • Free shipping for orders over €390 excluding VAT
  • Contribution to delivery costs of €29 excluding VAT.

When payment is not made on the due date, penalties are automatically applicable, under the following conditions: interest at the rate of 12% per annum. In the event of contentious recovery, all costs incurred (legal costs, advisory fees, etc.) will be charged to the Client. 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 frame indicated on the order confirmation page.

The minimum delivery time is 5 working days from the date of acceptance of the order. 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 include all the information necessary for its proper execution.

Within this deadline, the Company will endeavor to respond to any order without a late order being binding on the Company. Any modification to the order requested by the buyer can only be taken into account if it is received at least one (1) working day before the date of dispatch of the Products. After this deadline, no further modifications can be made.

Delivery times are given for information purposes only.

No penalty will be due to the Customer 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 at least twenty-four (24) hours before the initially planned delivery date, in writing, by mail or courier.

It is the responsibility of the recipient Customer in the event of damage, loss or delay in 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) working days of delivery in accordance with Article L 133-3 of the French Commercial Code and to send a copy accompanied by the delivery slip concerned by registered letter with acknowledgement of receipt to the Company within five (5) working days from 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) working days of receipt of these Products.

 

Art.9 – Return of Products

Only returns of defective products, implemented under warranty and having been subject to prior written authorization by our services are likely to be accepted.

 The products concerned must have been sold by the Company to the customer and for a period not exceeding six (6) months after the date of delivery of the products, it being specified that beyond this period, no product may be returned.

By "defective product" is meant any product with a hidden defect that partially or totally impairs its use and/or thus prevents its resale to the consumer. This warranty is excluded if the defect is due to the customer, if the defect results from an intervention on the product carried out without authorization, if the defect results from normal wear and tear of the product or negligence, or from improper use.

The Company reserves the right to check and test returned products.

The return will only be considered if the defect is proven. In the event of acceptance of the return of defective products in light of the allegations indicated by the customer, the Company will issue the customer with a return authorization indicating the nature, designation and quantity of the products granted in return.

Return deliveries must be made to the location designated by the Company, after validation by its sales department.

The Products must be returned in their original condition and complete (packaging, accessories, instructions).

Products which have not been returned under the cumulative conditions previously defined cannot in any way be accepted by the Company.  and will be systematically refused by the Company. The cost of returning products deemed defective by the Company will be borne by the Company. Product returns cannot under any circumstances give rise to a credit note before our agreement.

After receipt of the package in accordance with the Company's return conditions, the Customer will be reimbursed within thirty (30) days from receipt of the returned Products in accordance with the return conditions.

 

Art. 10 - Liability

The Products offered comply with current French legislation. The Company shall not be held liable for failure to comply with the legislation of the country where the Product is delivered. It is the Customer's responsibility to check with local authorities the possibilities of importing or using the Products that the Customer plans to order.

Furthermore, the Company cannot be held responsible for damages 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 network, in particular a breakdown in Service, an external intrusion or the presence of computer viruses.

 

Art. 11 - Obligations of the parties

  1. Customer Obligations:

The Client undertakes to use the Site in accordance with the purpose of the Site, and in particular:

The Client undertakes to provide accurate and up-to-date information concerning his/her company. As such, he/she acknowledges and accepts that he/she is solely responsible for the accuracy and updating of this information, and that he/she cannot under any circumstances hold the Company liable for any errors when entering this information when creating or updating his/her Client account.

The Client acknowledges and accepts that the Company has access to his or her Client account. The Client acknowledges and accepts that he or she is solely responsible for maintaining the confidentiality of his or her login details allowing him or her to access his or her account. He or she undertakes to maintain the confidentiality of his or her login details and to change 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 Client 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 Sites due to the Client, the Company reserves the right to initiate any procedure likely to put an end to the disturbance 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 illegal 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.

 

  1. Obligations of the Company:
  • Access to the Site

The Company makes every effort to ensure 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 damage. The Company is in no way liable for any damage resulting from fraudulent use of the network by a third party, nor for the proper functioning of the Client's network.

  • Contents and services of the Site

The content accessible on the Site is purely informative and non-exhaustive. The Company declares that it holds all useful rights to the content of the Site.

The Company is in no way responsible for the Client's use of the Site's Services. The Company makes every effort to ensure the retention and protection of the data entered by the Client in their account.

The Company does not guarantee the Client against the deletion of its data and reserves the right to delete a Client account or to suspend the validity of the Client's identifiers in the event of suspicion of fraud against the General Terms and Conditions of Sale/General Terms and Conditions of Use by the Client or by a third party likely to prejudice the Client's rights. These operations do not entitle the Client to compensation.

 

Art.12- Independence of clauses

Any change in the legislation or regulations in force, or any decision of 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 case authorize a Customer to disregard these general conditions.

Any conditions not expressly addressed herein will be governed in accordance with the custom of the retail sector, for companies whose head office is located in France.

 

Art. 13 - Applicable law

These General Terms and Conditions are subject to French law. In the absence of an amicable settlement, disputes relating to orders placed on the Site shall fall under the exclusive jurisdiction of the courts of Evry.

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 transmit the cases received to the competent national mediators (https://ec.europa.eu/consumers/odr/).

 

Art.14 - Unique Eco-contribution identifier

In accordance with article R.541-173 of the environmental code, FR343229_01BTRX is the unique identifier for the eco-organization to which GIMEX INTERNATIONAL has adhered.