The INDIES group is pleased to welcome you and provide you with the online shopping site www.indies.fr (hereinafter referred to as the Site).
These General Terms and Conditions of Sale (hereinafter “GTC”) apply exclusively between the Company DIFFUSION INDIES PARIS – EURL 391 875 838 00024 – Chemin Chabanu, Quartier Payannet, 13120 Gardanne (hereinafter referred to as “INDIES”) and any person making a purchase on the site https://www.indies.fr (hereinafter referred to as “the Customer”).
Use of the site http://www.indies.fr and/or placing an order to purchase one or more products presented on the Site implies full acceptance of the general conditions of use described below.
INDIES reserves the right to adapt or modify its General Terms and Conditions at any time in accordance with possible developments in the Site and/or regulations.
In the event of modification, the T&Cs applicable to the order will be those in effect on the day of final payment of the order.
We therefore invite you to read these T&Cs carefully before using the Site and placing your order.
1. Identity of the Company Publishing & Hosting the Site
Pursuant to Article 6 of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy, the Client is informed of the identity of the various parties involved in its implementation and monitoring:
Owner: DIFFUSION INDIES PARIS – EURL 391 875 838 00024 – Chemin Chabanu, Quartier Payannet, 13120 Gardanne
Publication manager: Caroline BELLOUET: c.bellouet@indies.fr
Host: 772424 – 140 Quai du Sartel - 59100 Roubaix - France
2. Presentation of products & Description of services provided
The Products offered for sale are described and presented with the greatest possible accuracy. However, if errors, omissions or inaccuracies may have occurred in this presentation, whether due to its own actions or those of third-party partners who provide it with information, INDIES cannot be held liable.
The Products are offered for sale while stocks last. Only the Products listed on the Site on the day the Customer consults it are offered for sale. Thus, when placing an Order, the Customer is informed of the availability of the selected Product. Customer service will be available to each Customer for any questions relating to the availability of the goods offered for sale on this Site.
All information provided on the Site is provided for informational purposes only and is subject to change. Furthermore, the information on the Site is not exhaustive. It is provided subject to any changes that may have been made since it was posted online.
3. Price
Sales prices are indicated in euros, all taxes included (TTC), excluding delivery costs. The value-added tax (VAT) applied is that in force on the day of the order in France.
The fixed amount of the contribution to the delivery costs will be reminded to the Customer when choosing Products and will be invoiced to him at the end of the order on the order summary page, in addition to the price of the selected products.
The prices applied are those appearing on the Site at the time of validation of the order.
INDIES reserves the right to modify its prices at any time and without notice.
The price of the products purchased is payable in cash, in full on the day the order is placed by the Customer. INDIES will not be required to deliver the Products ordered by the Customer if the price has not been previously paid in full. INDIES also reserves the right to declare void any orders containing an obvious pricing error.
Ownership of the products is only transferred to the Customer after full payment of the price by the latter.
4. Offer
The online sales offers presented on the Site are reserved for consumers. The online sales offers presented on the Site are valid, unless otherwise specified, for as long as the Products appear in the electronic catalog and while stocks last.
Acceptance of the offer by the Customer is validated, in accordance with the double-click process, by confirmation of the order.
5. Orders
Creating a customer account (indicating first name, last name, postal address, email address, and telephone number) is required to place an order. By creating a personal account, the Customer's data will be stored in our customer database and used in accordance with INDIES's Privacy Policy, accessible here: https://www.indies.fr/fr/content/52-confidentialite-et-securite
For security reasons, multiple customer accounts are prohibited. Each customer may only have one active account at a time.
Multiple accounts are considered customer accounts with the same email address and a similar billing address. INDIES reserves the right to merge multiple accounts of the same customer or to delete a customer account that appears suspicious. In addition, all orders placed on the Site are intended for the personal use of customers. Customers or recipients of products are prohibited from any partial or total resale of the products.
To place an order, the Customer, after creating an account and filling their basket by indicating the selected Products and the desired quantities, then clicks on the “Order” button and provides the information relating to delivery and the payment method.
Before clicking on the "Proceed to payment" button, the Customer has the possibility to check the details of his order and its total price and to return to the previous pages to correct any errors or possibly modify his order.
Validation of the order entails acceptance of the General Terms and Conditions and forms the contract between INDIES and the Customer. Automatic recording systems are considered proof of the nature, content, and date of the order.
An email acknowledging receipt of the order and payment is sent by INDIES as soon as possible.
Any modification of an order by the Customer after confirmation of the order is subject to acceptance by INDIES. Indeed, after 15 minutes, it is generally impossible to modify or cancel an order.
The Customer also has the option to cancel their order by clicking on the "Cancel my order" button in their customer area, under "My orders". If this button does not appear, it is too late to cancel it.
INDIES cannot be held responsible for the consequences resulting from erroneous or incomplete data provided by the user, particularly concerning the quantities and types of Products ordered or the delivery time slot.
INDIES reserves the right to refuse or cancel any order for legitimate reasons and in particular if there is a previous dispute relating to the payment of a previous order or in the following cases:
• The item ordered is no longer in stock;
• Payment authorization was not obtained;
• An error has been identified in the product information, including pricing or a promotion;
• Fraudulent activity is detected.
INDIES undertakes to honor orders received within the limits of available stocks and, in the event of unavailability, to inform the customer by any means whatsoever. The Customer may then cancel their order and, if applicable, be reimbursed for any amounts already paid.
6. Payment
INDIES' payment service provider is Payplug and the secure payment methods available on the Site are as follows:
- Payment by bank card (Carte Bleue, Visa, Mastercard, American Express);
- Payment by Paypal;
- Payment in 3 or 4 installments with no fees with Alma from €150 of purchase
INDIES uses 3D Secure activation for every order. Every order implies a payment obligation.
INDIES may have to ensure that no person uses another person's bank details without their knowledge.
To prevent any risk of identity theft, the Customer may be asked to send INDIES a copy of an identity document and proof of address by email. The order will only be validated after verification of the documents sent.
7. Delivery
Except in cases of force majeure or unforeseeable and insurmountable events, delivery times will be those indicated below and run from the date of confirmation of the Order. They are communicated to the Customer before any validation of the Order and payment. It is therefore the Customer's responsibility to choose their delivery method when this is offered to them.
The Customer can choose between the following delivery methods:
-Home delivery with or without signature via our service provider Colissimo
- Delivery to a relay point
Delivery without signature is €3.90. Delivery to a collection point is free for purchases over €49. A signature-required delivery option is available for purchases over €300 and is free for purchases over €4.90.
Shipments are made within 24 to 48 hours after your order has been prepared by our service.
During promotional periods, the Site must cope with a very high number of requests, thus extending order preparation times. Delivery can then be around 12 working days in certain cases.
Delivery is made by direct delivery of the product to the recipient indicated or, in the absence of the recipient, to another person authorized by the customer. Any delays do not entitle the buyer to claim damages. After order confirmation, INDIES undertakes to post all references ordered by the buyer within a maximum period of 12 working days. The following are considered cases of force majeure releasing the seller from his obligation to deliver: war, riot, fire, strikes, accidents, climatic incidents.
Please note that all orders are shipped from France.
In addition, for deliveries outside mainland France, the customer agrees to pay all taxes due on the importation of products, customs duties, value-added tax, and any other taxes due under the laws of the country where the order is received. INDIES therefore disclaims any legal liability if the customer does not pay the taxes. More information on international delivery: https://www.indies.fr/fr/content/23-livraison
In the event of defects noted upon receipt of the order, the buyer must inform INDIES within 48 hours to benefit from the right of return under the conditions provided in this document. If you wish to make reservations with the carrier in the event of missing or damaged items, you can contact us at 04 42 65 40 54. For availability reasons, an order may be delivered to the customer in several installments (partial shipment). The Customer then only pays for one delivery. If the Customer requests 2 delivery locations, he places 2 orders, with the associated delivery costs.
To this extent, if a package delivered without a signature appears to have been delivered but has not reached the customer, INDIES cannot be held liable. In this case, the customer must file a claim with Colissimo. Only delivery with a signature or to a relay point allows a claim to be filed with Colissimo. This is therefore strongly recommended.
In the event that a package is returned to us because it was not collected from a collection point or if the address was incorrectly provided by the customer, the delivery amount must be paid to initiate a new shipment. In the event of a refund, the delivery charge will be deducted from the refund.
8. Right and period of withdrawal
If, for any reason, you are not satisfied with our products or wish to cancel your order, you may exercise your right of withdrawal no later than thirty (30) days from receipt of the package, in accordance with the provisions of Article L. 121-21 of the French Consumer Code. To exercise the right of withdrawal, the Customer must inform INDIES customer service either by telephone at 0442654054 or by email. contact@indies.fr either via the Chat on the Site by specifying his name, postal address, telephone number and email address as well as his decision to withdraw from the contract by means of an unambiguous declaration.
Next, the Customer must go to www.indies.fr and log in to their customer account. They must then go to "My Orders", click on "Return an item" opposite the order in question and then follow the instructions.
To be returned, the Product must meet the conditions indicated in the “Returns & Exchanges” article.
After withdrawal, the reimbursement period is 14 days from receipt of the package.
9. Returns and exchanges
You can only return products purchased through the official indies.fr website. If you purchase one of our products in one of our physical stores, on another website, or at any other point of sale, the products must be returned to the physical store or website where they were purchased. The essential characteristics of the items are always presented on www.indies.fr in each of the product sheets. The Customer is fully informed that the images, photos, and colors of the items offered for sale may, however, not correspond to the actual colors due to the Internet browser on the screen used.
The Customer, if not satisfied, has 14 days from the date of receipt of the order to return it and obtain a refund of the sums already paid.
To request a return, please click on the "My Orders" tab in your customer account and follow the procedure by clicking on the "Make a Return" button.
For mainland France, return shipping costs are free (based on one return shipment. If the customer decides to return a second item from their order, this second shipment will be at their expense).
Returns must be made within 14 days of receiving your order.
In case of exchange, credit note or refund, return the item(s) in new condition, in their original packaging and accompanied by a return slip. In the event that the returned items are incomplete, damaged or damaged, worn or soiled, if a restoration is possible, the items will be charged €15/piece (cleaning fee). In the event that the items cannot be restored to their original condition, they will be returned to you for €8 (shipping costs). Without a return slip, INDIES will not be able to accept your return.
In the event of a refund, the returned item will be refunded to the customer within a maximum of thirty days from its receipt by INDIES. It is the customer's responsibility to retain any proof of return, namely a return by registered parcel or by any other means providing a certain date of its dispatch. The refund will be made by crediting the amount to be refunded to the customer's bank account debited during the transaction, or by a credit note (excluding shipping costs).
If, when ordering, the items were subject to an additional promotion from a minimum number of items purchased, the amount refunded will depend on the number of items kept.
Ex: if you received a 20% discount on 3 items purchased, and 2 were returned, the additional 20% on the item kept will be deducted from your refund.
In case of return, if you received a gift with your order, it must be returned as well. If applicable, its value will be deducted from your refund.
For people living outside mainland France, return orders must be sent by tracked mail to the following address:
INDIES PARIS BROADCAST
PAYANNET DISTRICT
CHABANU PATH
13120 GARDANNE
FRANCE
10. Loyalty points
INDIES offers a loyalty points system. These points are earned with every purchase on indies.fr and, since November 1, 2021, on purchases made in-store.
1€ spent = 1 loyalty point
The kitty counts points earned on purchases over the past 12 months. When it reaches 600 points, a €30 voucher is sent by email.
This voucher is valid for 6 months, in stores and on indies.fr, for purchases of €89 or more. It is personal, non-refundable, and can be combined with current offers and discounts (excluding Sales, French Days, and Black Friday). However, vouchers can be combined with each other.
The discount is allocated pro rata to the price of the items. In the event of a return, the amount paid will be refunded, and the points will be credited back to the prize pool.
No voucher will be re-credited.
11. Legal guarantee of conformity
The Customer benefits from the legal guarantee of conformity (articles L. 217-3 to L. 217-20 of the Consumer Code) and the legal guarantee relating to defects in the item sold (articles 1641 to 1648 and 2232 of the Civil Code). If the Product has a manufacturing defect or an imperfection and is found to be non-compliant, the Customer has a period of two (2) years from receipt of the product to contact our customer service via the contact form. When acting under the legal guarantee of conformity, the Customer can choose between repair or replacement of the item, subject to the cost conditions provided for in article L.217-12 of the Consumer Code.
12. Liability
INDIES cannot be held responsible for non-performance of the contract concluded in the event of:
- out of stock or unavailability of the Product,
- disruption, total or partial strike, in particular of postal services or means of transport and/or communications,
- floods, fires, any case of force majeure and any other unforeseeable event or event beyond INDIES’ control.
Hyperlinks may lead to websites other than this Site. INDIES disclaims all liability in the event that the content of these websites contravenes current legal and regulatory provisions.
Finally, INDIES declines all responsibility:
- for any interruption of the Site, occurrence of bugs, damage resulting from fraudulent intrusion by a third party resulting in a modification of the information made available on the Site,
- in the event of temporary unavailability of customer service or the Site
The user of the Site agrees to access the site using recent equipment, free of viruses and with an up-to-date, latest-generation browser. INDIES cannot be held responsible for direct or indirect damage caused to the user's equipment when accessing the INDIES site, and resulting either from the use of equipment that does not meet the specifications indicated, or from the appearance of a bug or incompatibility.
INDIES cannot be held responsible for indirect damages (such as loss of market or loss of opportunity) resulting from the use of the site http://www.indies.fr.
Interactive spaces (possibility to ask questions in the contact area) are available to users. INDIES reserves the right to delete, without prior notice, any content posted in this space that contravenes the legislation applicable in France, in particular the provisions relating to data protection. Where applicable, INDIES also reserves the right to hold the user civilly and/or criminally liable, particularly in the event of messages of a racist, insulting, defamatory, or pornographic nature, regardless of the medium used (text, photography, etc.).
This site is normally accessible to users at all times. INDIES may, however, decide to interrupt the service for technical maintenance reasons, and will endeavor to inform users in advance of the dates and times of the intervention.
13. Intellectual property and counterfeiting
INDIES owns the intellectual property rights or holds the usage rights on all elements accessible on the site, including texts, images, graphics, logos, icons, sounds, software, etc.
Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, whatever the means or process used, is prohibited without the prior written authorization of INDIES.
Any unauthorized use of the site or any of the elements it contains will be considered as constituting an infringement and will be prosecuted in accordance with the provisions of Articles L.335-2 et seq. of the Intellectual Property Code.
14. Management of personal data
When you browse the site, INDIES may process and collect personal data. The privacy policy is an integral part of the general terms and conditions of sale and informs you of how INDIES processes and collects your information and data.
The privacy and personal data processing policy can be viewed here: https://www.indies.fr/fr/content/52-confidentialite-et-securite
You have the right to access, modify, or delete all of your personal data. You can also withdraw your consent to the processing of your data by contacting us by email.
When using the Site, the following may be collected: the URL of the links through which the user accessed the Site, the user's access provider, the user's Internet Protocol (IP) address.
In any event, INDIES only collects personal information about the user for the purposes of certain services offered by the Site. The user provides this information knowingly, particularly when they enter it themselves. The user is then informed whether or not they are required to provide this information.
In accordance with the provisions of Articles 38 et seq. of Law 78-17 of 6 January 1978 relating to information technology, files and freedoms, any user has the right to access, rectify and oppose personal data concerning him/her, by making a written and signed request, accompanied by a copy of the identity document with the signature of the holder of the document, specifying the address to which the response should be sent.
No personal information of the user of the Site is published without the user's knowledge, exchanged, transferred, assigned or sold on any medium whatsoever to third parties. Only the hypothesis of the acquisition of Indies Production and its rights would allow the transmission of said information to the potential purchaser who would in turn be bound by the same obligation to retain and modify the data with respect to the user.
The above-mentioned site is declared to the CNIL under number 1613665.
The databases are protected by the provisions of the law of July 1, 1998 transposing Directive 96/9 of March 11, 1996 relating to the legal protection of databases.
15. Cookies
Browsing the Site may result in the installation of cookie(s) on the user's computer. A cookie is a small file that does not allow the user to be identified, but which records information relating to a computer's navigation on a site. The data thus obtained is intended to facilitate subsequent navigation on the site, and is also intended to allow various traffic measurements.
Refusing to install a cookie may make it impossible to access certain services. However, the user can configure their computer as follows to refuse the installation of cookies:
- In Internet Explorer: Tools tab (cogwheel icon in the top right corner) / Internet options. Click on Privacy and choose Block all cookies. Confirm with OK.
- In Firefox: At the top of the browser window, click the Firefox button, then go to the Options tab. Click the Privacy tab. Set the Retention Rules to: Use custom settings for history. Finally, uncheck it to disable cookies.
- In Safari: Click on the menu icon (symbolized by a cog) in the top right corner of the browser. Select Settings. Click on Show advanced settings. In the "Privacy" section, click on Content settings. In the "Cookies" section, you can block cookies.
- In Chrome: Click on the menu icon (symbolized by three horizontal lines) in the top right corner of the browser. Select Settings. Click Show advanced settings. In the "Privacy" section, click Preferences. In the "Privacy" tab, you can block cookies.
16. Applicable law and attribution of jurisdiction
Any dispute relating to the use of the Site is subject to French law. Exclusive jurisdiction is granted to the competent courts of Paris.
In the event of failure of the complaint request to customer service or in the absence of a response from this service within two months, and in accordance with Article L. 612-1 of the Consumer Code, the Customer, subject to Article L.612.2 of the Consumer Code, has the option of submitting a request for amicable resolution by means of mediation, within a period of less than one year from his written complaint to the Seller.
17. Extended Producer Responsibility
The company Diffusion Indies is registered with the LEKO organization under the unique identification number (IDU) FR250040_01RCRA
18. Glossary
Personal information: “information which allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies” (article 4 of law n° 78-17 of January 6, 1978).