General terms and conditions of sale or GTC

 Download these General Sales Conditions by clicking here

Distance selling on French territory to professional customers

In accordance with French law, these Terms and Conditions have been drawn up in consideration of the type of customer.

The merchant site itcpiercing.com or inovel.fr (the SITE) is an e-commerce site accessible via the Internet, dedicated primarily to professional users of this network (and secondarily to consumers under the specific provisions concerning them). 

It is published by :

ITC SAS
Registered under n°379 182 017 

Head office: 18 rue Robert Schuman, ZAC du Breuil, 54850 MESSEIN 
- VAT no. FR 00379 182 017 
- email: commande@itcpiercing.com
- Tel: 03.86.56.36.36

Definitions :

ITC or the Vendor or the Supplier: this is the ITC SAScompany, registered in the Nancy Trade and Companies Register under no. 379 182 017, whose head office is located at: 18 rue Robert Schuman, ZAC du Breuil, 54850 MESSEIN.

The Customer or Professional Customer: this refers to the professional, natural or legal person, public or private, acting for purposes within the scope of his/her commercial, industrial, artisanal, liberal or agricultural activity, including when acting in the name or on behalf of another professional, who purchases Products from ITC, via the merchant site.

The Consumer or Consumer Customer: by exception, this refers to the Customer who is a natural person acting for purposes which do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity (Code de la. Consommation., art. liminaire).

Where the provisions of the GTS apply solely to the Consumer Customer, the latter is referred to as "The Consumer Customer". 

Where the provisions of these GTS concern both the Consumer Customer and the Professional Customer, the latter are commonly referred to as "The Customer". 

Party (ies): ITC, the Professional Customer or the Consumer Customer, individually or together. 

The Merchant Site: this is the e-commerce site accessible at https://www.itcpiercing.com or https://www.inovel.fr. This site offers wholesale and retail sales of tattoo, piercing and permanent make-up equipment, jewelry and fashion accessories.

Product(s) or Item(s) or Merchandise: these are the items in the ITC Catalogue and supplied by ITC in accordance with the price list.

Catalog: this is the offer of Products proposed by the Merchant Site, ITC no longer publishes a paper catalog except in special circumstances.

Inovel is a registered trademark of ITC.

Preliminary article

The Consumer Customer declares that he/she has read and accepted these terms and conditions before making an immediate purchase or placing an order. The GCS are accessible at the bottom of each page of the site, by means of an Internet link, and the Consumer Customer is invited to read them, download them and keep a copy.

The Consumer Customer undertakes to read the GCS for each new order, the version accessible at the time of the order being applicable to this order.

The Consumer Customer acknowledges that he/she has been provided, prior to placing his/her order and concluding his/her purchase, with the GTCS and all the information specified in article L221.5 of the French Consumer Code, in a legible and comprehensible manner.

-           Product characteristics
-           Price including VAT and postage and packing
-          
-           Means of payment
-           Delivery times The customer receives several notifications at the address used to place the order:
                  o    An order confirmation notification with a summary of order information, addresses, delivery address if different from the Customer's address, payment method and delivery method.
                  o    Order dispatch notification

Notifications are in printable or saveable digital format, and the Consumer Customer is invited to keep a record of them.

Delivery times are indicative.

Orders are not processed over the weekend; orders placed between Friday and Sunday are processed on the following Monday.

The SELLER is a wholesaler and seeks to fully satisfy its Customers. However, it reserves the right to refuse an order for an abnormal quantity of Products.

1. Scope of application-Object

The purpose of the GTCS is to define the rights and obligations of the Parties in the context of the online sale of Products.

The GCS govern the sale by the Vendor to Customers of Products available in the Catalogue on the Site. These GCS express the entirety of the obligations of the Parties, and the Customer is therefore deemed to accept them without reservation. They take precedence over all other provisions, and in particular over the Customer's General Terms and Conditions of Purchase.

The GCS are accessible on the Site at the bottom of each page and are downloadable; the Vendor reserves the right to modify them periodically, and they are applicable as soon as they are put online.

The GCS apply only to purchases made by Customers located in France and delivered exclusively on French territory. For deliveries outside France, please contact commande@itcpiercing.com.

The different phases of your order are as follows:

1 - Registration

2 - Invoicing

3 - Collection

4 - Preparation

5 - Packing

6 - Shipping

2. Catalog: our products

The catalogs are downloadable, they present the Products with the greatest care, it remains that errors or omissions can always occur in this presentation, the responsibility of the SELLER could not in no case be committed for this fact.

The photos of the Products are not contractual, particularly with regard to the colors of inks and other pigments.

Products are offered while stocks last.

Prices are quoted in EUR, inclusive of all taxes (€TTC), and do not include delivery charges, which are invoiced in addition, depending on the delivery option chosen.

The prices applied are those in force at the time the order is registered.

Should the VAT rate applicable to the Products be modified, the change will be fully reflected in the price.

3. The order

The Customer places an order online using the dedicated forms. The Customer may also place an order by telephone on 03.83.56.36.36. or by post addressed to the Vendor's head office. 

Orders are prepared on working days from Monday to Friday.

If a Product is unavailable, the Vendor offers a free call-back service to the Customer to propose an alternative solution.

If the Product is not available in sufficient quantity and the Customer does not wish to be called back, then the Customer will be delivered the quantity available, and his/her payment method will only be debited for the quantity actually dispatched. Only Products shipped will be invoiced.

The sale will be considered definitive :

- after the Vendor has sent the Customer an e-mail confirming the order;
- and after the Vendor has received payment in full.

The order implies acceptance of the prices and Products available for sale.

In the event of non-payment, incorrect address or other obvious problem with the Customer's account, the Vendor reserves the right to block the corresponding order until the problem has been resolved.

Cancellation of an order may only concern Products that are not available.

For any question relating to the tracking of an order, the purchaser must call +03 83 56 36 36 from Monday to Friday, from 9am to 12.45pm and from 2pm to 6pm (cost of a local call).

4. Delivery time

The delivery time is announced at the time the order is placed, but it is compiled from receipt of the corresponding payment. The Vendor cannot be held responsible for late delivery. 

Shipping times are, in principle and subject to availability of the Product in stock, 48 hours from the date of registration of the order placed during working days.

5. Transport - delivery

The Customer may choose the mode of delivery offered when the order is formalized; the cost of transport is invoiced in addition to the price of the Product, depending on the option chosen when the order is placed on the site.

The Customer is obliged to check the condition of the goods in the presence of the carrier, and undertakes to:

     - to open the parcel and check it in the presence of the carrier
     - to refuse delivery outright if the parcel is visibly damaged, without it being necessary to unpack it
     - at the very least, to make reservations in writing on the delivery note if the external appearance of the parcel suggests damage to the products. 

If the Customer notes that the Product is indeed damaged when opening the parcel, he/she is obliged to inform the carrier by registered letter with acknowledgement of receipt within two working days of receipt of the parcel. The Customer will also send a copy of his/her complaint to the Vendor by e-mail, and may also inform the Vendor by telephone.

A delivery accepted without reservation, with the delivery note signed by an authorized person, is considered to have been checked and to conform to the order.

No deliveries are made to poste restante or post office boxes. 

Products are delivered to the address indicated by the Customer on the order form, and the Customer must ensure that this address is correct. 

Any parcel returned to the Vendor due to an incorrect or incomplete delivery address will be reshipped at the Customer's expense. 

If the Customer is absent on the day of delivery, the deliveryman will leave a delivery notice in the letterbox, allowing the Customer to collect the parcel at the place and within the time indicated.

If the Products need to be returned to the Vendor, a request for their return must be made within 7 days of delivery. Any claim made outside this period will not be accepted. Returns will only be accepted for products in their original condition (packaging, accessories, instructions, etc.).

6. Payment - Transfer of Ownership

The methods of payment accepted are specified on the Merchant Site, credit card, PayPal, cash on delivery (paying service), displayed at the time of order confirmation.

All prices are quoted in EUR, including VAT, and no discount is granted for cash payment.   

Payments made by the Customer will not be considered final until the Vendor has received all sums due.

The Vendor retains full ownership of the goods until full payment of the price in principal and accessories. (Law 80335 of May 12 1980)
The Customer is deemed to be the custodian of the Products in his possession and to assume responsibility for any damage caused.

It is expressly agreed that failure to pay a single invoice by the due date shall automatically result in all invoices, whether or not due, becoming immediately payable, as well as the application of late payment interest calculated on the total amount outstanding at a rate equal to 1.5 times the legal interest rate in force on the invoice date.

The Vendor reserves the right to suspend all order processing and deliveries in the event of refusal to authorize payment by credit card by officially accredited organizations, or in the event of non-payment. In particular, the Vendor reserves the right to refuse to make a delivery or to honor an order from a Customer who has not paid in full or in part for a previous order, or with whom a payment dispute is in progress.

7. Return of goods

Returns are only accepted for goods received damaged (except for damage due to transport, see paragraph 4) or which do not conform to the Goods ordered, or for Products for which the legal guarantee of conformity applies.

the Customer  must notify the Vendor on the day of delivery, or at the latest on the first working day following delivery, of any claim of error in delivery and/or non-conformity of the products in kind or in quality in relation to the information given on the order form.

Claims may be made, at the Customer's discretion:
     - telephone number: 33 (0)3 83 56 36 36
     - e-mail address:  commande@itcpiercing.com

Any claim not made in accordance with the rules set out above and within the specified time limits will not be taken into account and will release the Vendor from all liability towards the Customer.

The conditions for the return of goods are determined by telephone.

In the event of a delivery error or exchange, any Product to be exchanged or refunded must be returned to the Vendor in its entirety and in its original packaging, taking care not to damage the original packaging, i.e. taking care to protect it in packaging dedicated to shipping, to the following address:

S.A.S. ITC
ZAC DU BREUIL
18 Rue Robert Schuman
54850 MESSEIN

Return shipping costs are at the customer's expense.

Right of withdrawal reserved for the Consumer Customer: 

In accordance with the provisions of the French Consumer Code, the Consumer Customer  has a period of 14 working days from the date of delivery of his order to return any item that does not suit him and request an exchange or refund without penalty, with the exception of the return costs which remain the responsibility of the purchaser.
Products must however be returned in their original packaging and in perfect condition within at least 14 days of communication of the decision to withdraw.
Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) to enable them to be remarketed as new, accompanied by the purchase invoice.
Damaged, soiled or incomplete products will not be accepted.
The right of withdrawal may be exercised by any means, by post or online, using the withdrawal form available on the website. In this case, an acknowledgement of receipt on a durable medium will be sent immediately to the Customer. If the right of withdrawal is exercised within the aforementioned period, the price of the product(s) purchased and the delivery costs will be reimbursed.
The cost of returning the product(s) will be borne by the Customer.
The exchange (subject to availability) or reimbursement will be made within 14 days of receipt by the Vendor of the products returned by the Customer under the conditions set out above.
It should be noted that the right of withdrawal cannot be exercised in the cases listed in article L221-28 of the French Consumer Code.

8. Warranty

Commercial warranty:

The Products sold are covered by a commercial warranty aimed at guaranteeing their conformity and ensuring reimbursement of the purchase price, replacement or repair of the goods. The warranty existing for each item is specified in the product sheet in the Vendor's catalog.
It does not cover defects caused by abnormal or faulty use or resulting from a cause unrelated to the intrinsic qualities of the products.

The foregoing provisions are not exclusive of the application of the legal warranty of conformity under article L. 217-4 of the French Consumer Code and the warranty for defects in the item sold under articles 1641 et seq. of the French Civil Code.

The Customer is expressly informed that the Vendor is not the producer of the Products presented within the meaning of law no. 98-389 of May 19, 1998 relating to liability for defective products.

Consumer warranty for online purchases :

See annex of the GTCS, the reproduction of articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 of the French Consumer Code and the reproduction of articles 1641 and 1648 of the French Civil Code.

The Products benefit from the legal guarantee of conformity mentioned in articles L. 211-4 to L. 211-13 of the French Consumer Code and the guarantee relating to defects in the item sold, under the conditions set out in articles 1641 to 1648 and 2232 of the French Civil Code, articles 1641 and 1648 paragraph 1 of the French Civil Code. 

Under the legal warranty of conformity, the Consumer Customer : 

- has a period of two years from delivery of the goods to take action against the seller ; 

- may choose between repair or replacement, subject to the cost conditions stipulated in article L. 217-9 of the French Consumer Code; 

- is exempted from proving the existence of the lack of conformity of the good during this period. 

It is reminded that the Consumer Customer may decide to invoke the warranty against hidden defects in the item sold, as defined in article 1641 of the French Civil Code, and that in this case he may choose between rescission of the sale or a reduction in the sale price, in accordance with article 1644 of the French Civil Code. 

9. Data protection

The nominative data supplied by the customer is required to process the order and prepare invoices.

It may be communicated to the seller's partners responsible for executing, processing, managing and paying for orders.
The information communicated via the www.itcpiercing.com website is processed in accordance with the RGPD.

The buyer has a permanent right of access, modification, rectification and opposition with regard to information concerning him or her. This right may be exercised under the terms and conditions defined on the www.itcpiercing.com website.

10. Dispute resolution - Applicable law

The relationship between the Vendor and the Customer is governed by French law.

The Vendor and the Customer undertake to attempt to settle amicably any dispute arising from the implementation of the GCS. Should no amicable agreement be reached, the Commercial Court of the Vendor's registered office shall have sole jurisdiction, without prejudice to recourse to the mediator reserved for Consumer Customers.

Mediation : 

The Consumer Customer may have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

To refer a matter to the mediator, the consumer must make his or her request :

 - In writing to :  Mrs Eliane SIMON, mediator Sas Médiation Solution 222 chemin de la bergerie 01800 Saint Jean de Niost Tel. 04 82 53 93 06
 - Or by e-mail to: contact@sasmediationsolution-conso.fr  
  - Or by filling in the online form entitled "Seizing the mediator" on the  https://www.sasmediationsolution-conso.fr website. 

 Whatever the means of referral used, the request must contain :

- The applicant's postal, telephone and e-mail address,
- The name and address of the professional concerned,
- The agreement number: CS000614/1912,
- A brief statement of the facts, 
- A copy of the prior request sent to the professional.

Appendix :

APPENDIX 1 - Withdrawal form

For the attention of ITC
18 rue Robert Schuman, ZAC du Breuil, 54850 MESSEIN.
Tel : 03 83 56 36 36 - Fax : 03 83 56 36 37 - Email :  commande@itcpiercing.com 

I hereby notify you of my withdrawal from the contract concerning the product(s) below:
Ordered on: ..... (please complete)
Received on: ..... (please complete)
Consumer's name: ..... (please complete)
Consumer's address: ..... (please complete)
Consumer's signature ..... (only if this form is sent on paper)
Date: ..... (please complete)

Download this withdrawal form by clicking here

Article L221-5 of the French Consumer Code

I.-Prior to the conclusion of a contract for the sale of goods or the provision of services, digital content or digital services, the trader shall provide the consumer, in a legible and comprehensible manner, with the following information: 

1° The essential characteristics of the good, service, digital service or digital content; 

2° The price of the good, service, digital service or digital content, pursuant to articles L. 112-1 to L. 112-4 ; 

3° The date on which, or the period within which, the professional undertakes to deliver the good or provide the service, digital service or digital content; 

4° Information concerning the professional's identity, postal, telephone and electronic contact details, cancellation procedures, dispute resolution methods, other contractual terms and conditions and, where applicable, the costs of using the distance communication technique, the existence of codes of good conduct and deposits and financial guarantees; 

5° Where applicable, information on legal guarantees, functionalities, compatibility and interoperability of the digital content, digital service or asset comprising digital elements, other contractual conditions and, where applicable, the existence of any software installation restrictions; 

6° The possibility of recourse to a consumer mediator under the conditions laid down in Title I of Book VI; 

7° Where the right of withdrawal exists, the conditions, timeframe and procedures for exercising this right, as well as the standard withdrawal form, the conditions of presentation and details of which are laid down by decree by the Conseil d'Etat; 

8° Where applicable, the fact that the consumer bears the cost of returning the goods in the event of withdrawal and, for distance contracts, the cost of returning the goods when, due to their nature, they cannot normally be returned by post; 

9° Information on the consumer's obligation to pay a fee when exercising his right to withdraw from a contract for the provision of services, water distribution, gas or electricity supply and subscription to a district heating network, which he has expressly requested to be performed before the end of the withdrawal period. article L. 221-25 ; 

10° When the right of withdrawal cannot be exercised in application of article L. 221-28information to the effect that the consumer does not benefit from this right or, where applicable, the circumstances in which he loses it; 

11° The application of a personalized price based on automated decision-making, where applicable. 

The list and content of this information are specified by decree of the Conseil d'Etat. 

In the case of a sale by public auction as defined by the first paragraph of article L. 321-3 of the French Commercial Code, the information relating to the identity and postal, telephone and electronic contact details of the professional provided for in 4° of I of the present article may be replaced by those of the agent. 

II - In addition to the information provided for in I, any professional, prior to the conclusion of a contract for the provision of services and, where there is no contract, prior to the performance of the provision of services, provides the additional information provided for in article L. 111-2.

Article L217-12

The seller may not proceed according to the choice made by the consumer if the requested compliance is impossible or entails disproportionate costs with regard to, in particular: 

1° The value that the good would have had in the absence of the lack of conformity ; 

2° the extent of the lack of conformity; and 

3° the possibility of choosing the other option without major inconvenience to the consumer. 

The seller may refuse to bring the goods into conformity if this is impossible or would entail disproportionate costs, particularly with regard to 1° and 2°. 

If these conditions are not met, the consumer may, after formal notice, pursue the forced performance in kind of the solution initially requested, in accordance with articles 1221 et seq. of the French Civil Code. 

Any refusal by the seller to proceed according to the consumer's choice, or to bring the goods into conformity, shall be justified in writing or on a durable medium.

Article L217-16

In the cases provided for in article L. 217-14the consumer informs the seller of his decision to cancel the contract. The consumer returns the goods to the seller at the latter's expense. The seller reimburses the consumer for the price paid and returns any other benefits received under the contract. 

If the lack of conformity relates only to certain goods delivered under the contract of sale, the consumer has the right to rescind the contract in respect of all the goods, even those not covered by this chapter, if he cannot reasonably be expected to agree to keep only those goods which are in conformity. 

For contracts mentioned in II of article L. 217-1, providing for the sale of goods and, on an ancillary basis, the supply of services not covered by this chapter, the consumer has the right to rescind the entire contract. Furthermore, in the case of a bundled offer within the meaning of article L. 224-42-2the consumer has the right to cancel all related contracts. 

The respective obligations of the parties to the contract, mentioned in article L. 224-25-22 relating to the consequences of rescission for digital content and services, are applicable to the rescission of a contract for the sale of goods containing digital elements.

Article L221-28 of the French Consumer Code

The right of withdrawal cannot be exercised for contracts : 
1° The supply of services fully performed before the end of the withdrawal period and, if the contract imposes an obligation on the consumer to pay, the performance of which has begun with his prior and express agreement and with his acknowledgement of the loss of his right of withdrawal, when the service has been fully performed by the professional; 
2° The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period; 
3° The supply of goods made to the consumer's specifications or clearly personalized; 
4° The supply of goods likely to deteriorate or expire rapidly; 
5° The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection; 
6° The supply of goods which, after delivery and by their nature, are indissociably mixed with other items; 
7° The supply of alcoholic beverages, the delivery of which is deferred for more than thirty days, and the value of which agreed at the conclusion of the contract depends on market fluctuations beyond the control of the professional; 
8° Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, within the limit of spare parts and work strictly necessary to respond to the emergency; 
9° The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery; 
10° The supply of a newspaper, periodical or magazine, except for subscription contracts for these publications; 
11° Concluded at a public auction; 
12° The supply of accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities which must be provided on a specific date or at a specific time; 
13° Supply of digital content without material support, where performance has begun before the end of the withdrawal period and, if the contract subjects the consumer to an obligation to pay, where : 
a) He has previously given his express consent for performance of the contract to begin before expiry of the withdrawal period; and 
b) He has acknowledged that he will lose his right of withdrawal; and 
c) The trader has provided confirmation of the consumer's agreement in accordance with the provisions of the second paragraph of Article L. 221-13.

Article 1119 of the French Civil Code

General terms and conditions invoked by one party only have effect with regard to the other if they have been brought to the latter's knowledge and if the latter has accepted them. 

In the event of a discrepancy between the general terms and conditions invoked by either party, the incompatible clauses shall have no effect. 

In the event of a discrepancy between general and special terms and conditions, the latter shall prevail over the former.