General conditions of sale

1. About us

The Company INDIEN BOUTIQUE & FILS, SARL, with capital of 100,000 euros, whose registered office is in PARIS (75011) 30 Rue Keller, registered in the PARIS trade and companies register under number 440 930 824 and SIREN: 44093082400014, represented by Mr. David BRAGOVSKI. The Company sells the following products to its Customers via its Website "Hysteria Ink": clothing and accessories. To contact us: Contact form
Host: Shopify.com

2. Preamble

The Company invites Users to carefully read these General Terms and Conditions of Sale and Use (hereinafter the “GTC/GCU”). Placing an Order implies acceptance of the GTC/GCU. The characteristics of the Products are indicated on the Website. It is up to the Customer to take them into account before purchasing. The photographs or graphics presented on the Website are not contractual.

The Customer acknowledges having read and accepted them by checking the box provided for this purpose before placing their Order online.

The T&Cs govern the conditions under which the Company sells its Products to its Professional and Consumer Customers via its Website.

They apply to all sales concluded by the Company and prevail over any contradictory document, in particular the Customer's general purchasing conditions.

They are systematically communicated to the Client who requests them.

In the event of a subsequent modification of the T&Cs/T&Cs, the Customer is subject to the version in force at the time of their Order.

3. Definitions

“ Customer ” means the Professional or Consumer having placed an Order for a Product sold on the Website;

“ Order ” means any order placed by the User registered on this Site;

“ General Conditions of Sale and Use ” or “ GCS/CGU ” designates these general conditions of use and online sale;

“ Consumer ” means the buyer who is a natural person who is not acting for professional needs and/or outside his professional activity;

“ Products ” means material things that can be appropriated and which are offered for sale on this Site;

“ Professional ” means the buyer, whether a legal entity or natural person, who acts within the scope of his professional activity;

“ Site ” means this Site, i.e. https://www.indienboutique.fr ;

“ Company ” means the Company Indien Boutique & Fils, more fully designated in Article I hereof; and

“ User ” means any person who uses the Site.

4. Registration

Registration on the Site is open to all legal or natural persons of full age and in full possession of their personalities and legal capacities.

Use of the Site is conditional upon the registration of a User. Registration is free.

To proceed with registration, the User must complete all mandatory fields; otherwise, registration cannot be completed.

Users guarantee and declare on their honor that all information communicated on the Site, in particular during their registration, is accurate and compliant. They undertake to update their personal information from the page dedicated to the latter and available in their account.

Each registered User has a username and password. These are strictly personal and confidential and must not be communicated to third parties under penalty of deletion of the account of the offending registered User. Each registered User is personally responsible for maintaining the confidentiality of his username and password. The Company will not be held responsible for the identity theft of a User. If a User suspects fraud at any time, he must contact the Company as soon as possible, so that the latter can take the necessary measures and regularize the situation.

Each User, whether a legal entity or a natural person, may only hold one account on the Site.

In the event of non-compliance with the T&Cs/T&Cs, in particular the creation of multiple accounts for a single person or the provision of false information, the Company reserves the right to temporarily or permanently delete all accounts created by the offending User.

Deletion of the account results in the definitive loss of all benefits and services acquired on the Site. However, any Order made and invoiced by the Site before deletion of the account will be executed under normal conditions.

In the event of deletion of an account by the Company for failure to comply with the duties and obligations set out in the T&Cs/T&Cs, the offending User is strictly prohibited from re-registering on the Site directly, via another email address or through an intermediary without the express authorization of the Company.

5. Orders

Any Order can only be made when the User has registered on the Site. The User, when logged into his account, can add Products to his virtual basket. He can then access the summary of his virtual basket in order to confirm the Products he wishes to order and make his Order by pressing the “Order” button.

He will have to provide an address, a delivery method and a valid payment method in order to finalize the Order and effectively form the sales contract between him and the Company. Finalization of the Order implies acceptance of the prices of the Products sold, as well as the terms and delivery times indicated on the Site.

Once the Order has been placed, the User will receive confirmation by email. This confirmation will summarize the Order as well as relevant information relating to delivery. Placing an Order constitutes the conclusion of a distance selling contract between the Company and the Customer.

The Company may provide the Customer with price reductions, discounts and rebates depending on the number of Products available on the Site ordered or depending on the regularity of the Orders, according to the conditions set by the Company.

6. Products and prices

The Products covered by the T&Cs/T&Cs are those which appear on the Site and which are sold and shipped directly by the Company.

The Products are described on the corresponding page within the Site and mention is made of all their essential characteristics. The sale takes place within the limit of the Company's available stocks. The latter cannot be held responsible for stock shortages or the impossibility of selling a Product whose stock does not exist.

When a registered User wishes to purchase a Product sold by the Company through the Site, the price indicated on the Product page corresponds to the price in euros, all taxes included (TTC), excluding shipping costs and takes into account the applicable discounts in effect on the day of the Order. The price indicated does not include delivery costs which will be detailed where applicable in the summary before placing the Order. If the total cost of the Products cannot be calculated in advance, the Company will send the Customer a detailed quote setting out the price calculation formula.

Under no circumstances may a User demand the application of reductions no longer in force on the day of the Order.

7. Conditions and methods of payment

Unless otherwise provided, all sales are paid in cash at the time the Order is placed.

Depending on the nature or amount of the Order, the Company remains free to require a deposit or payment of the full price when placing the Order or upon receipt of the invoice.

Payment can be made by:

  • Bank card via a secure connection
  • Payment via Paypal

In the event of total or partial non-payment of the Products on the date agreed on the invoice, the Professional Client must pay the Company a late payment penalty at a rate equal to the rate applied by the European Central Bank for its refinancing operation plus 10 percentage points.
The financing transaction selected is the most recent on the date of the Order for the Services.

In addition to late payment compensation, any amount, including the deposit, not paid on its due date by the Professional Client will automatically result in the payment of a fixed compensation of 40 euros due as recovery costs.

In the event of total or partial non-payment of the Products on the date agreed on the invoice, the Consumer Customer must pay the Company a late payment penalty at a rate equal to the legal interest rate.

No compensation may be made by the Customer between penalties for late delivery of the Products ordered and amounts owed by the Customer to the Company for the purchase of Products offered on the Site.

The penalty owed by the Customer, Professional or Consumer, is calculated on the amount including tax of the remaining sum due, and runs from the due date of the price without any prior formal notice being necessary.

8. Delivery

The Products are delivered exclusively to the following geographic areas:

  • Metropolitan France
  • Corsica
  • Overseas
  • Europe
  • to the address indicated by the Customer when placing the Order.

9. Complaint

For all Orders placed on this Site, the Customer has a right of complaint of 14 days from the delivery of the Product. It is their responsibility to check the apparent condition of the Products upon delivery. In the absence of reservations expressly issued upon delivery, the Products are deemed to comply with the Order.

To exercise this right of complaint, the Customer must send to the Company, at the address contact@indienboutique.fr , a declaration in which he expresses his reservations and complaints, accompanied by the relevant supporting documents (receipt slip countersigned by the carrier, photographs, etc.)

Any claim that does not comply with the conditions described above cannot be accepted.

The Company will repair, replace or refund the Product or its components as soon as possible and at its own expense, subject to the physical possibility of repairing the Product or its availability in stock.

10. Consumer's right of withdrawal

The Consumer has a right of withdrawal of 14 days from the placing of the Order, except for the products mentioned in Article L.221-28 of the Consumer Code.

To exercise this right of withdrawal, the Consumer sends a declaration to the address: contact@indienboutique.fr .

The Products must be returned in their original packaging and in perfect condition within 14 days from the notification of withdrawal to the Company by the Consumer. The direct costs of return remain the responsibility of the Consumer.

The full amount of the fees paid for placing the Order will be reimbursed within 14 days following the Company's receipt of the withdrawal declaration.

The refund will be made by the same means of payment as that used for the purchase.

11. Transfer of risks and ownership

The Company retains ownership rights over the Products sold until full payment of the price by the Customer. It may therefore repossess said Products in the event of non-payment. In this case, the deposits paid will remain acquired by the Company as compensation.

For Professional Customers, the transfer of risks to the Customer occurs upon delivery of the goods to the carrier by the Company. For Consumer Customers, the transfer of risks occurs upon delivery or upon collection of the goods from the store when the Customer has chosen in-store delivery.

12. Legal guarantees

The Products sold on the Site are guaranteed in accordance with the legal provisions of the Consumer Code and the Civil Code as reproduced below:

Article L.217-4 of the Consumer Code :
“The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed on him by the contract or has been carried out under his responsibility.”

Article L.217-5 of the Consumer Code :
“The property complies with the contract:
1° If it is suitable for the use usually expected of a similar good and, where applicable:

  • if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
  • if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;

2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted”

Article 1641 of the Civil Code :
“The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.”

Any Product resold altered, modified or transformed is not covered by the warranty.

This is limited to the replacement or refund of non-compliant or defective Products. It is excluded in the event of misuse or abnormal use of the Product as well as in the event that the Product does not comply with the legislation of the country in which it is delivered.

The Customer must inform the Company of the existence of defects within two years. The Company will rectify the Products deemed defective as far as possible. If the Company is found liable, the guarantee is limited to the amount excluding tax paid by the Consumer for the supply of the Products.

The replacement of the Products does not extend the duration of the warranty.

13. Modifications

The Company reserves the right to modify the Site, the T&Cs/T&Cs as well as any delivery procedure or other element constituting the services provided by the Company through this Site.

When an Order is placed, the User is subject to the provisions set out in the T&Cs/T&Cs in force when the Order is placed.

14. Cookies

To enable its Users to benefit from optimal navigation on the Site and better functioning of the various interfaces and applications, the Company may install a cookie on the User's computer. This cookie is used to store information relating to navigation on the Site, as well as any data entered by Users (in particular searches, login, email, password).

The User expressly authorizes the Company to place a file called a “cookie” on the User’s hard drive.

The User has the option to block, modify the storage period, or delete this cookie via the interface of his browser. If the systematic deactivation of cookies on the User's browser prevents him from using certain services or features of the Site, this malfunction cannot in any case constitute damage for the member who will not be able to claim any compensation for this fact.

15. Liability

The Company may not be held liable in any way for the unavailability, whether temporary or permanent, of the Website and although it implements all its means to ensure the service at all times, it may be interrupted at any time. In addition, the Company reserves the right, by a voluntary act, to make the Site unavailable in order to carry out any update, improvement or maintenance operation.

As previously mentioned herein, the Company cannot under any circumstances be held responsible for delays in delivery for reasons beyond its control, independent of its will, unforeseeable and irresistible or for which the fault cannot be attributed to it.

16. Intellectual Property

The brand, logo, and graphic charter of this Site are trademarks registered with the INPI and intellectual works protected by copyright, the ownership of which belongs exclusively to the Company. Any distribution, exploitation, representation, reproduction, whether partial or complete, without the express authorization of the Company will expose the offender to civil and criminal prosecution.

17. Jurisdiction clause

The law governing the T&Cs/T&Cs is French law. Any dispute that may arise between the Company and a User during the execution of these terms and conditions will be subject to an attempt at amicable resolution. Failing this, disputes will be brought to the attention of the competent courts of common law.

18. Acceptance of the T&Cs/T&Cs

The Customer or User expressly accepts the T&Cs/T&Cs.
The Customer declares to be aware of this and waives the right to rely on any other document, in particular its own general conditions of purchase.

The Consumer acknowledges having been made aware of the information and details provided for in Articles L.111-1 to L.111-7 of the Consumer Code, and in particular:

  • the essential characteristics of the Product;
  • the price of the Products;
  • the date or period by which the Company undertakes to provide the Service;
  • information relating to the identity of the Company (postal, telephone and electronic contact details);
  • information relating to legal and contractual guarantees and their methods of implementation;
  • the possibility of resorting to conventional mediation in the event of a dispute;
  • information relating to the right of withdrawal (deadline, terms of exercise).