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General terms of sale:


1. Preamble

The following general terms of sale are brought to the attention of the customers of 'Imperfections Are Beautiful'.

They determine the potential commercial relations between 'Imperfections are beautiful' and customers within this site. The totality of these terms is available in French and English. The customer declares having full legal authority to proceed under our present general terms of sale.
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2. Agreement of our terms of sale

The client acknowledges having read and fully accepted, prior to placing his/her order, our specific terms of sale.

The present general terms of sale govern the contractual relation between 'Imperfections are beautiful' and the client, both parties agreeing to them without any reservation.
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3. Products

The pictures illustrating our products are excluded from the present contract. 'Imperfections are beautiful' cannot be held responsible should they contain any errors. The majority of our products are available, except made to order pieces.
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4. Order

Your online product(s) order is considered as proof of the nature, content and ordering date. 'Imperfections are beautiful' will send a order-confirmation e-mail to the address previously provided by the client.

By confirming his / her order on the Site, the client unreservedly agrees with the present general terms of sale and acknowledges having read them integrally. The client therefore renounces using any contradictory document, such as his or her own buying terms and conditions.

Information provided by the buyer during the order engages his / her liability: Should an error be made when providing us with the delivery address, the seller shall not be held responsible for any resulting impossibility to deliver the product.

The sale will only be considered final once an order confirmation e-mail has been sent by our team. 'Imperfections are beautiful' reserves the right to cancel any order from any client who has failed to pay in full for any previous order.

Upon reception of your order by e-mail, the products you have ordered will be set aside until payment has been made for a maximum of 5 working days. Without receipt of full payment within those 5 working days (or formal proof of payment from a banking authority), the order will be considered as cancelled. The order will be considered final upon receipt of full payment. Delivery will only be made once the client is up to date with all his / her obligations. An order confirmation e-mail will always be sent to the client.

The pictures and descriptions on the site are by no means contractual. The client acknowledges that the pictures of products on the www.imperfections.fr website only have an indicative value.
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5. Payment

The price is expressed in Euros. Prices indicated do not include shipping. The price indicated in the order confirmation e-mail is the final price, inclusive of all taxes, including French and E.U. V.A.T.

This price includes products prices, handling, packaging and shipping fees. Payment must be made in full on ordering. Payments can be made by checks or by bank standing orders. We can only accept payments made in Euros at this time.

- By check:

Send a check payable to imperfections are beautiful to:

Imperfections are beautiful
21 avenue de l´ile de France
BP 86373
25018 Besançon Cedex
FRANCE

Your order will only be dispatched upon reception of your check. You will be notified by e-mail once the order has been dispatched.


- By standing order:

When you are due to pay for your order, you will receive imperfections are beautiful's banking details by e-mail. Your order will only be processed upon reception of full payment. You will be notified by e-mail once the order has been dispatched.
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6. Availability

Upon order confirmation, 'Imperfections are beautiful' will commit to delivering all the references ordered by the buyer either by postal or direct delivery to the address given by the buyer during the order.

The order will be treated within a maximum of 20 days following the day of definitive order validation (payment received and order verification process accomplished).

Should a product ordered be unavailable, the client will be notified as soon as possible and will be able to cancel his / her order. The client will be able to obtain a full refund within a 20 days period following initial payment. The client can also choose a similar available product, of equivalent nature and price.

Should an exchange be impossible, 'Imperfections are beautiful' reserves the right to cancel the client's order and refund payment. versées.

Informations on products' availability are given on the site. Nevertheless, 'Imperfections are beautiful' cannot be held responsible for any products' unavailability. Such unavailability cannot constitute any basis for a damages claim on the client's part.

We cannot be held responsible for the contract's non-execution in case of product unavailability, in case of force majeure or in case of partial or total strike of postal services.
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7. Delivery

Delivery is only available within the countries of the European Union.

Products are delivered to the address you provided during the ordering process. Should you have made an error when providing us with the delivery address, 'Imperfections are beautiful' shall not be held responsible for any resulting impossibility to deliver the product. In such cases, all the extra costs incurred by the product's redelivery will be at the client's charge. Our parcels are routinely insured against loss and transport damages. This insurance is included in shipping costs.

In addition to our shipping costs, clients requesting a delivery outside mainland France are made aware that they are fully responsible for additional costs such as importation taxes, local V.A.T. as well as all other legal taxes due in their chosen country of delivery. All orders placed with 'Imperfections are beautiful' are considered as a purchase for "personal enjoyment"; clients or products recipients shall not engage in a partial or total resale of the product. imperfections are beautiful de facto denies all legal responsibility should the client fail to pay taxes on his / her purchase. Possible delays do not entitle the buyer to claim damages.

In case of apparent defect, the buyer is entitled to a right to return the product as under the conditions defined by this document. Are considered as case of force majeure releasing the seller from his delivery obligation: war, riots, fire damages, strikes, accidents and all causes preventing the seller from being supplied. Potential shipping damages are always at the buyer's risk. Always check your parcel and its contents upon reception. You have 48 hours upon parcel reception to emit reserves regarding the condition of the products. Due to availibility problems, parts of a multiple order may be delivered separately. In such cases, the client is only accountable for one delivery costs. If the client wishes to have different parts of his / her order to be delivered at different addresses, the client has to place two separate orders, and is subsequently liable for both delivery costs.
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8. Cancellation

In conformity with the L.121-16 and following articles from the French "code of consumption" the buyer disposes of a 7-working-day period starting on reception of his / her order, to return any article considered as unsatisfactory and ask for an exchange or a refund without any penalty, with the exception of return shipping costs.

In case of an exchange or refund demand, please send back the good(s)in mint conditions in their original packaging(s), unaltered, along with all possible accessories, notices, and documentation to the following address:

Imperfections are beautiful
21 avenue de l´ile de France
BP 86373
25018 Besançon Cedex
France

Any returns are to be made exclusively by recorded delivery.

Should you exercise your cancellation right, 'Imperfections are beautiful' is legally bound to offer a full refund, without any cost, except return delivery costs. The refund is due within a maximum of 30 days, as stated in the L.120-20-1 article of the French Consumption Code.

Articles only partially returned, damaged, worn or stained by the client will not be taken back.
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9. Litigation

The present contract is governed by French law. 'Imperfections are beautiful' cannot be held responsible for any damages, corporal, material or immaterial which may occur following a dysfunction or improper use of products sold on the site. The same rule applies to potential product modifications made by the manufacturers. imperfections are beautiful's liability will, in any case, be limited to the amount of the order. Our responsibility shall not be engaged following minor mistakes or omissions which might have subsisted despite all precautions being taken in our products' presentation. In case of difficulties in the application of the present contract, the buyer has the possibility -prior to any legal action - to seek an amiable solution, including with the assistance of: a professional trading organisation, a consumers' association or any other advice. It is reminded that the research of an amiable solution does not suspend the "contractual time limit" of the contractual warranty. It is also reminded that as a general rule and unless tribunals rule otherwise, the respect of dispositions stated in the present contract regarding the contractual warranty supposes that the buyer honours his / her financial obligations towards the seller.

Any complaint or appeal will always be examined with the utmost attention and benevolence. The buyer's good faith will always be presumed when the latter takes care to expose the situation. In case of litigation, the client will always seek to find an amiable solution with 'Imperfections are beautiful' prior to engaging any legal action.

Should this not be the case, the tribunal of Commerce of Besançon is the only one declared competent, whichever the delivery location or payment option.
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10. Guarantee

In all cases, 'Imperfections are beautiful' will not be held responsible for non compliance with the country of delivery's law. The responsibility of 'Imperfections are beautiful' is systematically limited to the value of the product under scrutiny, at the time of sale and this without any further possibility of appeal against the designer(s) of the product.

In any case, the client benefits from the legal guarantee regarding hidden flaws (Art. 1625 and following of the Civil Code). On condition that the buyer proves the existence of the hidden flaw, the seller will have to repair any consequences resulting from the hidden flaw. (Art. 1641 and following of the French Civil Code); If the buyer brings the case to a court of law, he / she must do so in a "short period of time" following the discovery of the hidden flaw (Art. 1648 of the French Civil Code). You can contact our customer care team under the heading "contact us" (bottom menu)
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11. Legal mentions

The disclosure of the personal information requested on our Site is compulsory, those informations are indeed essential in allowing us to treat and dispatch your orders as well as send invoices. Any failure to disclose the requested information will result in your order being cancelled. We treat your personal data in accordance to the French "informatique et libertés" law issued by the CNIL (government body which regulates online traders' privacy policies under French law) The client has a right to access, modify, rectify and withdraw any personal data by simple request to 'Imperfections are beautiful'. 'Imperfections are beautiful' will never, under any circumstances, communicate your personal data to a third party.
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12. Intellectual property

The intellectual property rights of the totality of elements present on this website (animations, images, texts, music etc.) as well as all the products created for this website are the exclusive property of 'Imperfections are beautiful' and its team of designers.

The client has no other rights than that of consulting the website to order our products and services. However, we grant the client the right to reproduce the images and texts depicting a product or service featured on our website for his/her personal use if and only if he/ she has ordered t he said product or service. Any other grounds for reproduction are forbidden and will be sanctioned.
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All rights reserved / Imperfections are beautiful / 2007 /