GENERAL TERMS AND CONDITIONS OF SALE
The website www.isika.fr (hereafter the “Site”) is edited and managed by the company ISIDORA KARAJICA AUTO-ENTREPRENEUR COMMERCE EN LIGNE ISIKA BELGRADE (hereafter “ISIKA”), its headquarters are at Dr Velizara Kosanovića 51/4/26, 11000 Belgrade, Serbia, and it is registered at the Serbian Business Registers Agency under the number 63993808.
You can contact ISIKA at email@example.com.
This retail website can be accessed on the Internet at the address www.isika.fr.
These General Terms and Conditions of Sale (hereafter “GTCS”) apply between every non-professional individual who wishes to make a purchase on the Site (hereafter “the Customer”) and ISIKA.
The GTCS are applicable without restriction or reserve to all the Items sold on the Site. All Orders placed on the Site presuppose prior consultation and full acceptance, without reserve, of these GTCS, which can be accessed from any page of the Site.
The validation of an Order placed by the Customer on the Site requires the acceptance of these GTCS.
ISIKA may modify the GTCS without notice at any time. The applicable GTCS will be those published on the Site at the time when the Customer places the Order.
The continued use of the Site by the Customer constitutes his/her acceptance of such revisions. The Customer should therefore periodically visit this page to review the current GTCS. If the Customer does not agree and does not accept, without limitation or qualification, these GTCS, then he/she must stop his/her use and exit the site immediately.
2. CREATION OF A CUSTOMER ACCOUNT or CHECKING OUT AS A GUEST
The prior creation of a customer account is not mandatory to place an order. The Customer may place an order as a guest, and only if he/she wishes, he/she can choose the option of creating an account during the checkout process.
Any adult Customer may create a customer account for free in the “Checkout” section while he/she is making an online purchase. The Customer completes the creation of a customer account by ticking the “Create an account” box and choosing his/her password for the account, when filling out his/her Shipping and Billing information. The account is created automatically, and the e-mail address provided as personal information in the Shipping/Billing form will be used as the username for future log-ins. All personal information (your name, address, telephone, email) except your credit card details, given during the checkout process, will be saved in your account. The Customer may at any time change his/her password or his/her address when logging into his/her account. As the card details used for the payment of the order are not stored and saved by ISIKA, they cannot be amended in the Customer’s account.
This account is strictly personal and enables the Customer to log in before placing an Order.
When creating the customer account, the customer enters data that allows his/her identification under his/her full responsibility, control and direction and is committed to providing complete, accurate and timely information, and not to assume the identity of a third party.
Passwords are personal and confidential. The Customer is solely responsible for them. The Customer undertakes to keep his/her password secret and not disclose it under any circumstance.
If the Customer suspects that a third party has used his/her account, he/she must immediately change his/her password and/or choose to close his/her account and alert ISIKA.
If there has been any fraudulent use of the Order service on the Site, an unpaid previous Order, or any other type of violation of the GTCS, ISIKA reserves the right to close any customer account and refuse any sale to a Customer.
In this case, ISIKA will inform the concerned Customer via the e-mail address given by the Customer during the creation of his/her customer account, of the deactivation of his/her account and its closing. Furthermore, the Customer is informed of the fact that his/her account may be closed following the first request of the Customer issued by email to ISIKA.
3. ITEM CHARACTERISTICS
The Items sold by ISIKA are those presented on the Site. They are available as long as ISIKA has them in stock. ISIKA reserves the right to remove from sale an Item or modify any information about the Items on the Site, at any time.
In case an Item is not available after the Customer placed his/her order, he/she will be notified via e-mail and the order will automatically be cancelled. The Items for sale on the site are currently only available for delivery in France and Serbia.
The photographs and descriptions of the Items sold on the Site are purely indicative and they can change over time. They are not contractual and the Site may not be held liable if the descriptions of the Items do not match those delivered insofar as any errors do not affect the essential characteristics of the Item. The Customer can only take into consideration the image of the Item that was visible on the Site at the time of the Order. In case there has been an omission or an error in the description of an Item, the responsibility of ISIKA is limited to the reimbursement of reasonable return shipping fees for the Item presented by the Customer.
4. ORDERING ITEMS
The Customer can place an order either by registration or as a guest without having to create an account. To be entitled to place a valid order on the Site, the Customer must be at least 18 years of age and have full legal capacity or if he/she is a minor, be in possession of parental authorization permitting him/her to place orders on the Site.
The Customer therefore declares having full capacity to enter into this Agreement and not be under guardianship. ISIKA reserves the right to ask any Customer to provide proof of his/her age or of his/her parental authorization, and not to honour the Customer’s order should the latter fail to provide such proof. ISIKA reserves the right to cancel any order (and refund the Customer) not meeting the aforementioned criteria, without it however, being liable.
The payment of the Order requires the acceptance of these GTCS, the selected Item(s) in the Order and their respective price(s). After validation of payment, ISIKA will send an Order confirmation e-mail to the Customer. Every Order is subject to the prior acceptance of ISIKA and is not definitively confirmed until the Customer has received an email confirming the shipping of the Item(s). If the Customer does not receive an email following his/her Order, he/she must contact the ISIKA customer service via the contact form in the Customer service section or via the contact details indicated on the Contact page of the Site.
ISIKA cannot in any case be held responsible if an input error or transmission of an input error occurred, thus not allowing the issuance of the confirmation email and/or Items.
For any inquiries regarding the tracking of the Order, the Customer must contact the customer service via the contact form in the Customer Service section or via the contact details indicated on the Contact page of the Site.
5. PRICES OF ITEMS
The prices on the Site are indicated in euros, excluding the processing and shipping fees. They do not include VAT as ISIKA, being registered as an auto-entrepreneur, benefits from the VAT franchise in Serbia and in France.
If the Customer meets the terms and conditions that apply to take advantage of potential discounts, they will be applied on the Order and therefore included in the indicated price. Any new taxes may be added to the retail price of the Items.
Shipping costs (packaging and transport) are not included in the price of the Items. The shipping costs are specified in the Checking out section on the Site before validation of the Order. They are currently free for deliveries in France and Serbia.
International shipping charges do not include taxes or duties. Please contact your local custom office to request details of these charges.
ISIKA reserves the right to modify the prices of Items without notice at any time. The prices applicable to the Customer on his/her Order will be those in shown on the Site at the time of the validation of the Customer’s Order.
The Items remain in the property of ISIKA until the completion of the payment by the Customer, which he/she recognizes and accepts.
You may be subject to import duties and taxes once a shipment reaches your country. When ordering from ISIKA, you are considered the “importer of record” and must comply with all laws and regulations of the country in which you are receiving the goods. If the delivery country does not have a Trade Agreement with the Republic of Serbia exempting the Customer from the payment of customs duties, these duties may be charged to the recipient. ISIKA has no control over these charges that are the sole responsibility of the Customer and must be incurred by the Customer.
6. PAYMENT OF THE ORDER
The price invoiced to the Customer is the price indicated in the Order confirmation sent to the Customer by e-mail. The Order is payable immediately, by bank card (CB, Visa, MasterCard, American Express) or via a PayPal account.
The transactions carried out on the Site are entrusted to PayPal, the online payment platform. They are secured by a solution that presents highly secured pages to enter payment information: card number, expiration date and the visual cryptogram. This platform encrypts then transmits this payment information to the bank, in full confidentiality and makes them inaccessible to third parties.
No bank information is stored on our server and ISIKA has no access to the Customer’s bank details.
7. DELIVERY CONDITIONS
The Items are currently only delivered in France and Serbia. An email with an Order number confirming its processing will be sent to the Customer. The Customer may track his/her package on the website of the carrier used by ISIKA with the shipping number received via e-mail after the dispatch of the package. The Customer is informed that he/she must exactly provide all the information necessary for the proper filling of his/her Order and proper delivery (access code or any other access specification if needed).
If the delivery address provided by the Customer is not valid and a non-receipt at the indicated address causes a return of the package, the Customer will have to pay for the return shipping fees of the package to the new address communicated.
A delivery slip is included in the package, confirming the Customer’s Order details. The Customer fully and exclusively assumes the risks related to the Items as of their delivery.
All orders will be shipped out in the 48 hours following your online purchase.
Delivery times vary depending on the destination chosen by the Customer.
The following delivery times have been given as indication by the carrier based on historical data. (Delivery times are counted in working days.)
Deliveries in the EU take 5-7 working days.
Deliveries in Serbia take up to 3 working days.
International orders may be subject to customs clearance procedures, which may cause delays beyond original delivery estimates.
If the package is damaged or if the Item does not match the Order, the Customer must contact the customer service via the contact form in the Customer service section or via the contact details indicated on the Contact page of the Site. The return will be within 14 days of shipping, following the procedure described in the Returns section of the GTCS.
The Customer may return any Item which does not match his/her Order or he/she does not wish to keep within fourteen (14) days as of the date of receipt of his order.
The Customer must send an e-mail to firstname.lastname@example.org informing ISIKA’s customer service team of the return of his/her package. The Customer must also complete the return form he/she received with the package and include it in the package to be returned. No return can be validated without the return form. The Customer must return the Item(s) to ISIKA in their original packaging and in a resalable condition (unused and undamaged). The return shipping costs are at the Customer’s expense.
Any claims for a return filed after the 14 days period will not be accepted and ISIKA will be released from any liability.
If repayment conditions are met, ISIKA will reimburse the Customer after it has received the package (at the following address: Isidora Karajica, Dr Velizara Kosanovića 51/4/26, 11000 Belgrade, Serbia) and checked that the Item has not been used or damaged.
Any non-compliant return (not containing the return form) shall be rejected and ISIKA will be released from any liability.
9. RIGHT TO CANCEL AND RETURN AN ORDER
In accordance with Serbian and European consumer protection laws, the Customer has a period of 14 days upon receipt of the Order to exercise their right to cancel and return an order without having to give any reasons or incurring penalties, except any appropriate return costs.
If the Customer wishes to exercise their right to cancel and return an order, he/she must contact ISIKA and inform us of their wish to return the Item(s) via the contact form in our Customer service section or email us at email@example.com. Furthermore, the Customer must include the return form he/she received with the package when shipping it back to ISIKA. No return will be accepted without the return form (that can also be found on the Customer Service page of the site). The Item(s) must be returned in their original packaging and in a resalable condition (unused and undamaged).
All returns must be sent to the following address: Isidora Karajica, Dr Velizara Kosanovića 51/4/26, 11000 Belgrade, Serbia.
Once the return is accepted and validated, ISIKA will reimburse the Customer the full amount paid for the Order, to the Customer’s bank account used for the payment of the Item(s), as soon as possible and no later than fourteen (14) days after ISIKA has received your package.
In case of exercising the right to retraction, the fees and risks related to the return are borne by the Customer.
10. CUSTOMER SERVICES
If the Customer requires any information or has any questions related to his/her Order, his/her exercise of the right to cancel and return an Order, he/she must contact ISIKA’s customer service via the contact form in our Customer service section or email us at firstname.lastname@example.org.
11. INTELLECTUAL PROPERTY
ISIKA owns the rights over this Site and all elements, logos, texts, trademarks, illustrations appearing on the Site. ISIKA does not consent to any licenses or rights other than the right of access to and consultation of this Site.
The reproduction or use of all or part of this Site is authorized solely for the purpose of personal and private information. Any reproduction or other use made without prior written authorization of ISIKA constitutes an infringement and shall be sanctioned according to the regulations of intellectual property.
The responsibility of ISIKA cannot be retained in the event of a fraudulent intrusion on the Site, or its interruption. If any loss of date/files occurs as a result of the consultation of the Site, ISIKA may not be held liable. It is the responsibility of the Customer to make all the necessary safeguards before placing his/her Order on the Site.
ISIKA reminds all Customers of the need to implement the necessary security measures on their devices in order to prevent the propagation of viruses.
ISIKA undertakes to describe the presented Items and to update the content of the Site as precisely as possible. Nonetheless, ISIKA is not liable for the accuracy, precision or comprehensiveness of the information presented to the Customers on the Site, or for any errors or omissions in the content of this Site. The photos of the Items presented by ISIKA on this site are not contractually binding. No guarantee is given as to the accuracy or extensiveness of the information presented on the Site.
ISIKA cannot be held responsible if one of its contractual obligations is not fulfilled should an extenuating circumstance or force majeure occur, such as natural disasters, strikes, civil riots, terrorist attacks, strikes or accidents of any shipping transportation et al.
The responsibility of ISIKA cannot be retained for any total or partial failure to execute Orders caused by events outside ISIKA’s control.
13. MODIFICATION OF THE GTCS
ISIKA reserves the right to modify the GTCS at any time. The new GTCS will be made known to the Customer by their online modification and will be applicable to purchases completed by the Customer after the modification of the GTCS.
The customer should therefore periodically visit this page to review the current GTCS. The Customer cannot in any event modify these GTCS.
14. APPLICABLE LAW
These General Terms and Conditions of Sale are subject to Serbian law, regardless of the country to which the products are delivered. Unless an amicable agreement is reached between the Customer and ISIKA, any litigation will fall under the exclusive competence of the Serbian courts.