General conditions of sale

GENERAL CONDITIONS OF SALE

Updated on 11/26/2024

GENERAL In this document:
“INABAYA COUTURE” means the professional seller.
“You”, “the customer(s)”, “the consumer(s)” means the non-professional buyer.
SCOPE OF APPLICATION -

The General Terms and Conditions apply exclusively to all online sales contracts for INABAYA COUTURE products offered for sale on the musemodesty.fr website to non-professional buyers with consumer status.

They specify in particular the conditions of ordering, payment, delivery and management of possible returns of products ordered by customers.

The T&Cs prevail over any other conditions or contradictory documents present on the website or social networks or in particular over those applicable in stores and direct sales.

You have access to the T&Cs on the inabayaa.com website at any time, particularly before placing your order. You can print them.

INABAYA COUTURE reserves the right to modify the T&Cs; however, those applicable to you are those in effect on the date your order is placed.

The invalidity of a contractual clause does not entail the invalidity of the General Terms and Conditions.

Validation of your order constitutes acceptance without restriction or reservation of these General Terms and Conditions.

- CONTACT DETAILS -

INABAYAA COUTURE - License no. 872618

In accordance with the Data Protection Act of 6 January 1978, reinforced and supplemented by the GDPR (General Data Protection Regulation) which came into force on 25 May 2018, the customer has, at any time, a right of access, rectification, opposition, erasure and portability of all of their personal data by writing, by post and providing proof of identity, to the seller's address, mentioned above.
Validation of the order by the customer constitutes acceptance without restriction or reservation of these General Conditions of Sale.

The customer acknowledges having the required capacity to contract and acquire the products offered on the website inabayaa.com

- PRODUCTS –

The main characteristics of the products and in particular the specifications, illustrations and indications of dimensions or capacity of the products, are presented on the website inabayaa.com

INABAYA COUTURE advises you to refer, before placing your order, to the description of the product presented on the website musemodesty.fr where the essential characteristics of the product within the meaning of article L. 111-1 of the consumer code, as well as its composition, capacity and price will be mentioned.

The contractual information is presented in French and is subject to confirmation at the latest at the time of validation of your order.

You are required to read this before placing any order.

You are solely responsible for your choice of product and your purchase. The photographs or illustrations that present the products

have no contractual value and cannot incur liability

from INABAYA COUTURE.

The items that appear in stock on the inabayaa.com website at the time of the consumer's visit to the site constitute the items offered for sale on the inabayaa.com website.

AVAILABILITY -

Our products are offered as long as they are visible on the website www.inabayaa.com and within the limits of available stocks.

If a product is unavailable after you have placed your order, we will inform you immediately by email.

Your order will be automatically cancelled and if the bank debit has already been made, you will be refunded within 14 days.

INABAYA COUTURE is not liable for any cancellation compensation.

ORDER -

The order process is as follows:

You must select the product of your choice (as well as the size, color and quantity), when the product is in stock, you must click on the "add to cart" button. If other products are to be added, repeat the process. If not, go directly to the "cart".
You must go to the virtual shopping cart page where the amount of the products and the summary of the order appear, which you are required to check and, if necessary, correct errors or make changes.
To access the order registration, you must read and expressly accept these General Conditions of Sale by checking the box provided for this purpose.
By clicking on the "proceed to payment" button, you arrive on the "information" page. If you have a customer account, you can open a session by logging in. If not, you can create your customer account or continue your order as a guest.
Still on the "information" page, you must enter your delivery address as well as the first name, last name and telephone number. On this same page, if you have a promo code, you have the possibility to add it. Once all this information is entered, you must click on the "continue to shipping" button.
You must choose the delivery method of your choice, the delivery price will then be communicated to you, it will be determined according to the chosen carrier, your geographical location and the weight of the package. The total price of the order appears on this same page (product + delivery).
Finally, to confirm your order, you must click on the "continue to payment" button. Here you must choose the payment method of your choice and proceed to payment. Confirmation of the order by the consumer entails acceptance of the General Terms and Conditions and forms the contract.

The customer has the opportunity to check the details of his order, its total price and to correct any errors before confirming his acceptance. It is his responsibility to check the accuracy of the order and to immediately report or rectify any errors.

The registration of an order on the website musemodesty.fr is carried out when the customer accepts these General Conditions of Sale by checking the box provided for this purpose and validates his order.

This validation implies acceptance of all of these terms and conditions.

General Conditions of Sale of the website musemodesty.fr

The sale is only final after INABAYA COUTURE has sent the consumer confirmation of acceptance of the order by email, including the details of the order and which must be sent without delay and after receipt by the consumer of the full price.

The confirmation of the order by the consumer and the confirmation of acceptance of the order by INABAYA COUTURE form the contract concluded remotely. At this stage, the order cannot be modified, except with the express and exceptional agreement of INABAYA COUTURE; and cannot be cancelled outside the right of withdrawal or in cases of force majeure. Unless proven otherwise, the data recorded in the seller's computer system constitutes proof of all transactions concluded with the customer.

INABAYA COUTURE reserves the right to cancel or refuse any order from a consumer for legitimate reasons, in particular if there is any dispute with the latter relating to a previous order. The order may also be refused in the case where the quantities ordered are abnormally high compared to the quantities usually ordered by buyers as consumers.

- PRICE -

The prices displayed on the musemodesty.fr website are indicated in euros (€), all taxes included (TTC) and excluding shipping costs.

For all products shipped outside the European Union and/or DOM-TOM, the price is calculated excluding taxes automatically on the invoice.

Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and sums are not the responsibility of the seller. They will be the responsibility of the customer and are his responsibility (declarations, payment to the competent authorities, etc.). The seller therefore invites the buyer to inquire about these aspects with the corresponding local authorities.

The sale price of the product is that in effect on the day of the order.

The prices take into account any reductions that may be granted by INABAYA COUTURE for orders placed during the period of validity of the promotion and under the conditions specified in advertising on the website musemodesty.fr.

To meet the requirements of Article L 112-1 of the Consumer Code, the price appears on the musemodesty.fr website when registering your order and before confirming your order.

Additional delivery and transport costs as well as taxes will be calculated and informed to you before confirming your order, at the payment stage.

The total amount of your order is shown on the order confirmation page.

You will receive your invoice at the email address you provided. The invoice is also available in your customer area.

The price may be modified at any time by INABAYA COUTURE, however, the price applicable to you is the one in effect displayed on musemodesty.fr at the time of your order.

PAYMENT-

Payment is made immediately after confirmation of the order. Payment is due in full and payable in cash using the following payment methods:

Bank card (MASTERCARD, AMERICANN EXPRESS, BANCONTACT, IDEAL SORFORT BANKING, CARTE BLEU) via the secure payment infrastructure “Stripe” - PayPal
DELIVERY -

In accordance with article L 216-1 of the consumer code, delivery means the transfer to the consumer of physical possession or control of the goods.

INABAYA COUTURE offers its products for sale internationally.

Orders will be delivered to the address you provided when placing your order.

You must be vigilant and check the address provided before confirming your order, as you will be held solely responsible for the consequences resulting from any data entry error on your part and the costs associated with it, in particular the reshipping costs which will be your responsibility and will not be assumed by INABAYA COUTURE.

Delivery times and prices:

Delivery times and prices vary from country to country.

All prices are shown when you validate your basket and without surprises.

Orders are processed within 24 to 72 business hours.

For France and Belgium with GLS: delivery time 5 to 10 working days.

For France and Belgium with UPS EXPRESS: delivery time of 72 working hours.

For the rest of the world: the reception time can take 2 to 30 working days depending on the destination. Do not hesitate to contact us for more information.

We are not responsible for delays from carriers or possible customs charges.

- TRANSFER OF OWNERSHIP AND TRANSFER OF RISKS -

Ownership of the products is transferred to you upon acceptance of the order by INABAYA COUTURE.

On the other hand, the transfer of risks of loss and deterioration of the products only occurs from the effective delivery of the order when you take physical possession of the products, the products ordered therefore travel at the risk of INABAYA COUTURE.

In the event that you notice any deterioration of your package upon receipt, whether you accept or refuse the package, you must explicitly indicate on the delivery note (or on the invoice) your reservations (e.g.: package torn at the top, 5 cm hole / wet package, open package, etc.). We also advise you to take a photo of the package as proof.

Please check the contents of the package in the presence of the carrier and refuse the package if the product is damaged or missing. If it is impossible to open the package and check its contents in the presence of the carrier, if you are not there when it is delivered or if the carrier is not there (e.g. package delivered to your mailbox); if the package arrives damaged

(examples: torn, open, wet, etc.); you must send a registered letter with acknowledgement of receipt to the carrier within three working days of delivery to inform them of the apparent damage you have noticed. At the same time, we ask you to contact us (see AFTER-SALES SERVICE/COMPLAINT) immediately (at the latest within 3 working days of delivery) to report the problem to us.

The same procedure must be followed if the damage (breakage, theft) was only discovered when the package was opened, even if the exterior of the package (packaging) is not damaged.

In the event that you choose to be delivered by a carrier other than the one chosen and proposed by INABAYAA COUTURE, the transfer of risks occurs as soon as the products are handed over to the carrier, consequently, INABAYA COUTURE declines all responsibility and any loss or deterioration of the products will be your responsibility.

CUSTOMER SERVICE / COMPLAINTS –

For any inquiries or complaints, you can contact us by email at contact@inabayaa.com. Our after-sales service is active from Monday to Friday, and emails are processed within 24 to 72 working hours. During the holiday period, the deadlines may be extended.

WITHDRAWAL -

From the day you receive your order, you have 14 days to exercise your right of withdrawal.

To exercise this right, you must make your request without having to justify it, within 14 days of receipt of your order.

To do this, you must notify us, by post or email, of your wish to withdraw, specifying:

Your order number
Your first and last name
Your address
Your phone number
Your email address

You can use the withdrawal form that you will find in the appendix at the bottom of the page of these General Terms and Conditions.

In the event of a dispute, it is up to you to prove that you have respected the aforementioned withdrawal period.

____________________________________________

BACK -

To be accepted by INABAYA, the return must meet the following conditions:

Promotional items are not refundable or exchangeable.

The products must be returned to INABAYA (the address will be communicated to you by email) no later than 14 days following receipt of the package for which you are requesting the return.
The products must be returned in their original condition and complete (packaging if possible + accessories, instructions, etc.) allowing them to be put back on the market in new condition, accompanied by the purchase invoice.
Products must not be damaged, soiled or incomplete.
Products must not give off body odor, perfume or laundry detergent.
The return costs are the responsibility of the customer ; similarly, the costs of returning a package are the responsibility of the customer.

Once the above conditions are met and we have received your return, we will proceed to verify the condition of the returned product.

Within 14 days of receiving your return, INABAYA will refund the amount paid for the returned items, excluding delivery costs.

Please note that the costs and risks associated with the return are your responsibility.

________________________________________

INABAYAA will refund you using the same means of payment as that used for the initial purchase. To do this, please notify us by email of your wish to withdraw, specifying:

Your order number
Your first and last name
Your address
Your phone number
Your email address

You can use the withdrawal form that you will find in the appendix at the bottom of the T&Cs page .

In the event of a dispute, it is up to you to prove that you have respected the aforementioned withdrawal period. To consult our return policy, click HERE .

INABAYA COUTURE will refund you using the same payment method used for the initial purchase.

_________________________________________________

COMPLIANCE AND LEGAL GUARANTEES -

In accordance with Article L 411-1 of the Consumer Code, the products comply with the requirements in force relating to the safety and health of people, the fairness of commercial transactions and the protection of consumers at the time they are placed on the market.

The products sold on the musemodesty.fr website comply with the requirements of French law in force at the time they are placed on the market.

The products supplied by INABAYA COUTURE benefit automatically and without additional payment, regardless of the right of withdrawal, in accordance with the legal provisions:

From the legal guarantee of conformity:

INABAYA COUTURE is liable for defects in product conformity, under the conditions of articles L211-4 et seq. of the Consumer Code. This warranty applies to defects already present on the date of delivery of the product and/or to products that do not correspond to the order.

Legal guarantee against hidden defects:

INABAYA COUTURE is liable for hidden defects in the product under the conditions set out in Articles 1641 et seq. of the Civil Code. It applies

if the defect was hidden, it existed on the date of purchase and it renders the product unusable or significantly reduces its use.

In order to assert his rights, the consumer must act within 2 years from the delivery of the products or the discovery of the defect. He must prove the existence of the defect. The consumer may obtain a refund or replacement of products under warranty deemed non-compliant or defective, at the latest within 14 days following the discovery by INABAYA COUTURE of the lack of conformity or hidden defect.

The warranty does not apply to apparent defects and the liability of

INABAYA COUTURE cannot be held liable in the event of poor

use, use for professional purposes, negligence or lack of maintenance on the part of the consumer, such as in the event of normal wear and tear of the product, accident or force majeure; or in the event of modification of the product not foreseen or specified by INABAYA COUTURE.

- PROTECTION OF PERSONAL DATA -

In accordance with law 78-17 of January 6, 1978 amended by law n°2018-493

of June 20, 2018; the consumer data collected by INABAYA COUTURE are justified by the service provided to the consumer and in particular for the needs related to the proper processing of his order and its delivery. INABAYA COUTURE may communicate this data to its possible subcontractors responsible in particular for the execution, processing, management and payment of orders.

The consumer may object to the collection and/or use of their data and has rights to control the use made of their data. In particular, they may request access to their data, have it rectified, or object to its inclusion in a file. They have a permanent right of access, modification, rectification, opposition, portability and limitation of processing with regard to information concerning them.

To exercise this right, the consumer must make his request by sending an email to the address contact@inabayaa.com

The processing of information communicated via the musemodesty.fr website meets the legal requirements regarding the protection of personal data, the information system used ensuring optimal protection of this data.

- INTELLECTUAL PROPERTY -

The products for sale on the website musemodesty.fr are the property of

INABAYA COUTURE.

The content of the website musemodesty.fr is the property of

INABAYA COUTURE and is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.

-NULLITY AND MODIFICATION OF THE CONTRACT-

If one of the provisions of this contract were to be cancelled, this nullity would not entail the nullity of the other provisions which will remain in force between the parties. Any contractual modification is only valid after a written agreement signed by the parties.

UNFORESEEN EVENTS -

Pursuant to Article 1195 of the Civil Code, in the event of a change that the parties could not foresee when concluding the contract, making its performance excessively onerous for the party to the contract undergoing this change; the party who has not agreed to assume a risk of excessively onerous performance may request a renegotiation of the contract from its co-contractor.

FORCE MAJEURE-

In the event that the parties fail to perform their obligations or if the performance of their obligations is delayed due to a case of force majeure within the meaning of Article 1218 of the Civil Code, the parties may not be held liable. The causes may be multiple and in particular climatic, epidemiological, bacteriological, military, political, IT, etc.

LANGUAGE AND APPLICABLE LAW -

These General Terms and Conditions and the transactions resulting from them are governed by French law. They are written in French. In the event that they are translated into one or more languages, only the French text shall be authentic in the event of a dispute.

DISPUTES -

We inform you that for any dispute arising following your purchase on musemodesty.fr you have various remedies available, whether amicable or not.

You are invited to first contact INABAYAA COUTURE customer service (see the article herein “AFTER-SALES SERVICE / COMPLAINT”) in order to find an amicable agreement.

If we are unable to reach an arrangement, you have the option of resorting to conventional mediation, in particular with the Consumer Mediation Commission ( C. consom. art. L 612-1) or with the mediation body whose references follow:

COORDINATES OF THE MEDIATION BODY

As a consumer, you can use the Online Dispute Resolution Platform (ODR) accessible at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm? event=main.home.chooseLanguage .

You can also contact a consumer association that will help you with your procedures or alert the DGCCRF. You can also use any alternative dispute resolution method (conciliation, for example).

When no amicable solution can be reached, you can take legal action and the dispute will be submitted to the competent courts under the conditions of common law.

The consumer, noting that a violation of the general regulation on the protection of personal data has been committed, has the possibility of mandating an association or an organization mentioned in IV of article 43 ter of the Data Protection Act of 1978, in order to obtain compensation against the data controller or subcontractor before a civil or administrative court or before the National Commission for Information Technology and Civil Liberties.

- PRE-CONTRACTUAL INFORMATION AND CONSUMER ACCEPTANCE -

The fact for a natural person (or legal entity) to order on the website musemodesty.fr implies full and complete adhesion and acceptance of these General Terms and Conditions and obligation to pay for the products ordered, which is expressly recognized by the consumer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against

INABAYA COUTURE.

ANNEX - WITHDRAWAL FORM

Please complete and send this form only if you wish to withdraw from your order placed on the musemodesty.fr website.

For the attention of INABAYA COUTURE – Customer Service – ADDRESS

In accordance with the provisions of Article L.221-18 of the Consumer Code, I hereby notify you of my withdrawal from the contract relating to the sale of the goods designated below, which I will return to you within the next fourteen days accompanied by the corresponding Return Form:

Ordered on …………………………………. And received on

………………………………………..

Order number:

……………………………………………………………………………

Consumer Name:

………………………………………………………………………….

Email address of the

consumer: …………………………………………………

Consumer address:

……………………………………………………………………..

Date : …………………………………

Signature of the consumer: …………………………