Terms and conditions

General Terms of Use

Art.1 - Preamble
The Gimex.fr and Icebag.com websites (hereinafter "the Sites") are e-commerce platforms offering a remote Product ordering service and subsequent preparation of delivered Products (the "Service") by the company GIMEX INTERNATIONAL (the "Company") under the conditions defined below.

Art.2 - Purpose of the website
These general conditions (hereinafter the "General Conditions") are concluded, on the one hand, by the Company offering the service and, on the other hand, by any natural person representing a commercial entity.
These General Conditions define the rights and obligations of the parties within the framework of the sale of all Products available on the Sites.

Art.3 - Application and acceptance of the General Conditions
These General Conditions are intended for professionals.
Any order placed on the Sites necessarily implies, as a substantial and determining condition, the 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 database protection, the Company is the producer and owner of all or part of the databases comprising the Sites.
By accessing the Sites, the Customer acknowledges that the data composing them is legally protected; they are notably prohibited from extracting, reusing, storing, reproducing, representing, or retaining, directly or indirectly, on any medium, by any means and in any form whatsoever, all or a qualitatively or quantitatively substantial part of the content of the databases appearing on the Sites to which they access, as well as from repeatedly and systematically extracting or reusing qualitatively and quantitatively insubstantial parts when these operations clearly exceed normal conditions.
The Customer is informed that during their visits to the Sites, 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 Sites, the Customer accepts them. However, they must give their consent regarding the use of certain cookies. In the absence of acceptance, the Customer is informed that certain functionalities or pages may be denied to them. The Customer may deactivate these cookies via the settings in their browser software.

Art.5 - Intellectual Property
The trademarks, logos, signs, as well as all content on the Sites, are protected by intellectual property law and more specifically by copyright. The Ice.bag® trademark is a registered trademark.
Any representation and/or reproduction and/or partial or total exploitation of this trademark, of any nature whatsoever, is strictly prohibited.
The Customer must request prior authorization from the Sites for any reproduction, publication, or copying of the various contents. They undertake to use the content of the Sites strictly for private purposes; any use for commercial and advertising purposes is strictly prohibited.
Any total or partial representation of these Sites by any means whatsoever, without the express authorization of the operator of the Websites, 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 Customer who reproduces, copies, or publishes protected content must cite the author and their source.

Art.6 - Computer files and data collection
The Company may ask the Customer for personal data when consulting and using the Sites. This data is processed in accordance with the purposes specified during collection, namely:
- Management of forms present on the Sites
- Management of customer accounts
- Management of orders placed on the Sites
The collected data 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 the execution of 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 "Informatique et Libertés" of January 6, 1978, modified by the law of August 6, 2004. The Customer has a right to access, rectify, modify, and delete the personal data that the Customer has communicated to it.
The Customer can exercise this right by sending an email to: contact@gimex.fr
Subject to a breach of the above provisions, the Customer has the right to file a complaint with the CNIL (www.cnil.fr).

General Terms and Conditions of Sale

Art.1 - Preamble
The Gimex.fr and Icebag.com websites (hereinafter "the Sites") are e-commerce platforms offering a remote Product ordering service and subsequent preparation of delivered Products (the "Service") by the company GIMEX INTERNATIONAL (the "Company") under the conditions defined below.

Art.2 - Purpose of the Sites
These general terms and conditions of sale (hereinafter the "General Conditions") are concluded, on the one hand, by the Company offering the service and, on the other hand, by any professional (hereinafter the "Customer").
According to the preliminary article of the Consumer Code, a professional is defined as "any natural or legal person, public or private, who acts for purposes falling within the scope of their commercial, industrial, craft, liberal, or agricultural activity, including when acting in the name or on behalf of another professional."
These General Conditions define the rights and obligations of the parties within the framework of the sale of all Products available on the Sites.

Art.3 - Application and acceptance of the General Conditions
These General Conditions are intended for professionals.
Any order placed on the Sites necessarily implies, as a substantial and determining condition, the 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 purpose of purchasing products available on the Sites (the "Product" or "Products"), the Customer must provide personal information allowing identification when creating an account or placing an order.
If the Customer places an order for the first time and/or has not yet provided their personal information to the Company, they must complete a form when placing the order. Once the customer account is created, the Customer receives a confirmation email at the email address provided during the creation of the customer account.
This essential information must be complete, accurate, and up-to-date for the order to be processed correctly.

Art.5 - Products
Product sheets:
Each Product offered on the Sites is subject to a product 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 in any way affect the content and characteristics of the product.

Photographs and illustrations:
The photos are non-contractual and variations may exist between the colors and the delivered products.

Availability:
Products are offered as long as they are visible on the Sites and within the limits of available stock. In case of product unavailability after an order is placed, the Customer will be informed by email. Their order will then be automatically canceled and refunded via the same payment method used during the purchase, according to the deadlines applied by the banking institution (immediate or deferred).

Art.6 - Order placement procedure and purchase process description
Product orders are placed directly on the Sites. 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 Products have been selected, the Customer finalizes the content of their basket and, if necessary, modifies the quantities, adds or deletes Products. It should be noted, however, that the Customer can only order Products in full cartons.
- The Customer is invited to consult and accept all General Conditions.
- The Customer then validates their basket and may need to complete the information necessary for the execution of the order by the Company, or ensure that the information provided when opening the account is complete, accurate, and up-to-date. The Customer is invited to check the content of their order before validating the content.
- The Customer has a choice of several secure payment methods: Visa, Mastercard, Amex, Apple Pay, PayPal, Shop Pay.
Once the order payment method is 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 adherence to 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 perfect knowledge of this. The order confirmation will constitute a signature and acceptance of the operations carried out.
A summary of the order information placed will be communicated to the Customer via the email address confirming said order.

Art.7 - Price and payment terms
Products are invoiced in Euros based on the current rate on the agreed delivery day, subject to their availability, and this, regardless of any contrary provisions that may appear on any document emanating from the Customer, particularly on valued orders.
The Company reserves the right to modify the price of the Products at any time.

Destination country and contribution to transport costs
Metropolitan France excluding Corsica:
- Below €150 excl. VAT, flat rate fee of €15 excl. VAT.
- From €150 excl. VAT, flat rate fee of 10% of the total order.
- Free shipping from €300 excl. VAT. 

Zone 1 (Germany, Austria, Belgium, Denmark, Spain, Hungary, Italy, Luxembourg, Netherlands, Poland, Portugal, Czech Republic, Slovakia, excluding islands):
- Below €250 excl. VAT, flat rate fee of €25 excl. VAT.
- From €250 excl. VAT, flat rate fee of 15% of the total order.
- Free shipping from €390 excl. VAT.

Zone 2 (Bulgaria, Croatia, Estonia, Finland, Ireland, Latvia, Lithuania, Romania, Slovenia, Sweden, Greece, excluding islands):
- Contribution to delivery costs of €39 excl. VAT.
- Free shipping for orders over €390 excl. VAT.

If payment is not made by the due date, penalties are automatically applied under the following conditions: interest at an annual rate of 12%. In the event of contentious recovery, all costs incurred (court costs, legal fees, etc.) will be borne by the Customer. In accordance with the provisions of Article 441-10 of the Commercial Code, the amount of the lump-sum indemnity 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 required penalties, the Company reserves the right to refuse subsequent orders, to demand immediate payment of current orders, or to subject subsequent sales to more demanding guarantees or payment terms.
As soon as the Customer takes physical possession of the ordered Products, the risks of loss or damage to the Products are transferred to them.

Art.8 - Delivery
Products are delivered to the delivery address indicated during the order process, within the time specified on the order validation page.
The minimum delivery time is 5 working days from the date of order acceptance. This period only begins from the day the Company is in possession of all 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.
Below this deadline, the Company will endeavor to fulfill any order without a late order being binding on the Company. Any modification of an order requested by the buyer can only be taken into account if it is received at least one (1) working day before the Products' shipping date. After this period, no further modifications can be made.
Delivery times are given for information only.
No penalty will be due to the Customer in the event of order cancellation, total or partial product unavailability, or delivery delay if the Company has previously notified the Customer at the latest twenty-four (24) hours before the initially scheduled delivery date, in writing, by mail or message.
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 if chosen by the Company, to make all reservations (clear, precise, and complete) in the presence of the driver on the duly dated and signed delivery note, with confirmation to the carrier by registered letter within three (3) working days of delivery in accordance with Article L 133-3 of the Commercial Code, and to send a copy thereof, together with the relevant delivery note, by registered letter with acknowledgment of receipt to the Company within five (5) working days from the receipt of the goods, failing which any claim against the Company will be forfeited.
Delivered Products that do not conform to 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 from the receipt of these Products.

Art.9 – Product Returns
Only returns of defective products, implemented under warranty and having received prior written authorization from 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 presenting a hidden defect partially or totally impairing its use and/or thereby preventing its resale to the consumer. This warranty is excluded if the defect is due to the customer, if the defect results from an unauthorized intervention on the product, if the defect results from normal wear and tear of the product or negligence, or from improper use.
The Company reserves the right to inspect and test returned products.
Returns will only be accepted if the defect is proven. If the return of defective products is accepted based on the Customer's declarations, the Company will issue the customer a return authorization indicating the nature, designation, and quantity of the products authorized for return.
Return deliveries must imperatively be made to the location designated by the Company, after validation by its commercial department.
Products must be returned in their original and complete condition (packaging, accessories, instructions).
Products not returned under the cumulatively defined conditions above cannot in any way be accepted by the Company; and will be systematically refused by the Company. The costs of returning products deemed defective by the Company will be borne by it. Product returns cannot in any way give rise to a credit note before our agreement.
Upon receipt of the package compliant with the Company's return conditions, the Customer will be refunded within thirty (30) days from the receipt of the returned Products, provided the return conditions are met.

Art.10 - Liability
The Products offered comply with current French legislation. The Company's liability cannot be engaged in case of non-compliance 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 intends to order.
Furthermore, the Company cannot be held responsible for damages resulting from improper use of the purchased product.
Finally, the Company's liability cannot be engaged for all inconveniences or damages inherent in the use of the Internet network, notably a service interruption, external intrusion, or the presence of computer viruses.

Article 11 - Obligations of the parties
Client's Obligations:
The Client undertakes to use the Sites in accordance with their purpose, and in particular:
The Client undertakes to provide accurate and up-to-date information concerning their company. In this respect, they acknowledge and accept that they are solely responsible for the accuracy and updating of this information, and that they cannot in any circumstances hold the Company responsible for an error at the time of entry during the creation or updating of their Client account.
The Client acknowledges and accepts that the Company has access to their Client account. The Client acknowledges and accepts that they are solely responsible for the confidentiality of their identifiers allowing them to access their account. They undertake to preserve the confidential nature of their identifiers, and to modify them immediately in the event of loss or theft.
They acknowledge and accept that the Client is in no way responsible for a third party connecting to the Client account. The Client undertakes to inform the Company immediately in case of suspected fraud.
In general, the Client undertakes not to disrupt, by any means whatsoever, the proper functioning of the Sites.
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 granting of damages, where applicable, on the other hand. Similarly, the Client undertakes not to download or publish on the Sites, in any way, unlawful content, contrary to good morals and public order, infringing the intellectual property rights of a third party, and more generally all content likely to prejudice the rights of a third party.

Company's Obligations:
- Access to the Sites
The Company uses all means to guarantee continuous access to the Sites. However, the Company is authorized to interrupt access to the Sites, with or without prior notification, for a determined or undetermined period, without being held responsible for any damage. The Company is in no way responsible for any damage resulting from fraudulent use of the network by a third party, nor for the proper functioning of the Client's network.

- Content and services of the Sites
The content accessible on the Sites is purely informative and non-exhaustive. The Company declares that it holds all useful rights to the content of the Sites.
The Company is in no way responsible for the Client's use of the Services of the Sites. The Company uses all means to ensure the preservation and protection of the data provided by the Client on their account.
The Company does not guarantee the Client against the deletion of their data and reserves the right to delete a Client account or suspend the validity of the Client's identifiers in case of suspected fraud to the GTC/TOS by the Client or by a third party likely to prejudice the Client's rights. These operations do not give the Client the right to compensation.

Article 12 - Independence of clauses
Any modification of 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 modification or decision does not in any case authorize a Client to disregard these General Conditions.
All conditions not expressly addressed herein will be governed in accordance with the practice of the retail sector, for companies whose registered office is located in France.

Article 13 - Applicable law
These General Conditions are subject to French law. In the absence of an amicable settlement, disputes relating to orders placed on the Sites shall be under the exclusive jurisdiction of the courts of Evry.
In accordance with Article L.616-2 of the Consumer Code, the Company informs the Client of the existence of the platform set up by the European Commission, which aims to collect any complaints arising from an online purchase by European consumers and then to transmit the received cases to the competent national mediators (https://ec.europa.eu/consumers/odr/).

Article 14 - Unique Eco-contribution Identifier
In accordance with Article R.541-173 of the French Environmental Code, FR343229_01BTRX is the unique identifier for the eco-organization to which GIMEX INTERNATIONAL has adhered.