Terms of sale

1 - Seller Identification

The ironback.fr website is operated by:

Axel BURON, sole trader (micro-entrepreneur)
Address: 41 rue de l’Écluse, 78110 Le Vésinet, France
SIRET number: 51326780700040
Intra-Community VAT number: FR19513267807
Email: hello@ironback.fr

Hereinafter referred to as the “Seller”.

2 - Scope

These General Terms and Conditions of Sale apply to all product sales made through the ironback.fr website to consumers located in France and Belgium.

By placing an order, the customer accepts these General Terms and Conditions of Sale without reservation.

3 - Products

The products offered are textile items, including hoodies and T-shirts.

The essential characteristics of each product are presented on the relevant product page. Photographs and visual representations are intended to be as accurate as possible but may differ slightly from the actual products, particularly because colours may be displayed differently depending on the screen used.

Products are manufactured in Portugal unless otherwise stated on the relevant product page.

4 - Prices

Prices are stated in euros (€), inclusive of all applicable taxes.

The applicable VAT is determined in accordance with current regulations, including the rules governing intra-Community distance sales for orders shipped to another Member State of the European Union.

The Seller reserves the right to change prices at any time. However, products will be charged at the price displayed when the order is confirmed.

Delivery charges are specified before the order is confirmed.

If the displayed price contains an obvious error, particularly where it is clearly disproportionate to the product’s actual value, the Seller may cancel the order and refund any amount already paid.

5 - Orders

An order is confirmed after the customer has completed the following steps:

  • selected the products;

  • confirmed the shopping cart;

  • entered the delivery information;

  • selected a delivery method;

  • selected a payment method;

  • provided final confirmation of the order, with an obligation to pay.

Before providing final confirmation, the customer may review the order details and correct any errors.

The Seller reserves the right to refuse or cancel an order for a legitimate reason, including:

  • a previous unresolved dispute concerning payment for an order;

  • a reasonable suspicion of fraud;

  • non-payment;

  • delivery information that is clearly incomplete or inconsistent;

  • an order that appears unusual or fraudulent.

If a product becomes unavailable after the order has been confirmed, the customer will be informed as soon as possible and any amount paid for the unavailable product will be refunded.

6 - Payment

The following payment methods are accepted:

  • bank card (Visa, Mastercard and American Express);

  • PayPal;

  • Shop Pay;

  • Apple Pay;

  • Bancontact;

  • Klarna.

Payment is due immediately when the order is placed, except when a deferred payment solution such as Klarna is used.

When Klarna is used, the relevant payment terms are governed by Klarna. The Seller is not involved in Klarna’s decision to accept or refuse a deferred payment request and cannot be held liable if Klarna refuses the application.

7 - Delivery

Orders are shipped to France and Belgium.

The following carriers are used:

  • Mondial Relay — collection-point delivery in France only;

  • Colissimo — home delivery;

  • Chronopost — express delivery.

Delivery times usually observed are:

  • express delivery in France: 1 to 2 working days;

  • standard delivery in France: 3 to 5 working days;

  • collection-point delivery in France: 3 to 6 working days;

  • delivery to Belgium: 3 to 5 working days.

The delivery time or date applicable to the order is provided to the customer before the order is confirmed.

If no specific delivery date or period has been agreed, the order will be delivered without undue delay and no later than 30 days after the contract is concluded.

If delivery is delayed, the customer has the rights provided by applicable law. In particular, after requesting that the Seller complete delivery within a reasonable additional period, the customer may terminate the contract if delivery has still not taken place within that period. In the circumstances provided by law, the contract may be terminated immediately where delivery by the agreed date was an essential condition of the contract.

The Seller remains responsible to the customer for the proper performance of the delivery, including where delivery is carried out by a carrier selected by the Seller.

The customer is responsible for ensuring that the delivery information provided is accurate. If an error attributable to the customer results in a failed delivery, the reasonable cost of reshipping the order may be charged to the customer.

8 - Transfer of Risk

Risk passes to the customer when the customer, or a third party designated by the customer other than the carrier proposed by the Seller, takes physical possession of the product.

9 - Retention of Title

Products remain the property of the Seller until full payment has been received.

10 - Right of Withdrawal and 30-Day Returns Policy

In accordance with applicable regulations, the customer has a statutory period of 14 days from receipt of the order in which to exercise the right of withdrawal without having to provide a reason.

In addition to this statutory right, Iron Back offers a commercial extension allowing the customer to request the return of a product within 30 days of receiving the order.

This 30-day commercial returns period includes the statutory 14-day withdrawal period and does not in any way restrict the customer’s statutory rights.

To exercise the right of withdrawal or request a return, the customer may use the self-service return and withdrawal feature available under “My orders” in the customer account, or contact the Seller at hello@ironback.fr with an unambiguous statement expressing the decision to withdraw.

When the right of withdrawal is exercised using the electronic feature provided for this purpose, the customer will receive an acknowledgement of receipt in a durable medium.

After notifying the Seller of the decision to withdraw or submitting a return request, the customer has no more than 14 days to send the product back.

The customer is responsible for the direct cost of returning the product.

The customer may handle and try on the product to the extent necessary to establish its nature, characteristics and proper functioning. The customer may be held responsible for any reduction in value resulting from handling beyond what is necessary for this assessment.

If the customer exercises the right of withdrawal, the refund will be issued without undue delay and no later than 14 days after the Seller is informed of the customer’s decision. However, the Seller may withhold the refund until the product has been recovered or the customer provides proof that it has been sent back, whichever occurs first.

The refund will be issued using the same payment method used for the original order, unless the customer expressly agrees to another method that does not result in any additional charges.

The refund includes the cost of the standard delivery method offered by the Seller. Any additional charges resulting from the customer’s choice of a more expensive delivery method, including express delivery, will not be refunded.

Full details of the return and refund arrangements are available in the Refund Policy:

https://ironback.fr/policies/refund-policy

11 - Statutory Warranties

Products sold are covered by the statutory guarantee of conformity provided for under Articles L217-3 et seq. of the French Consumer Code and by the warranty against hidden defects provided for under Articles 1641 et seq. of the French Civil Code.

The professional responsible for these warranties is:

Axel BURON
41 rue de l’Écluse
78110 Le Vésinet, France
Email: hello@ironback.fr

Statutory Guarantee of Conformity

The consumer has two years from delivery of the product to invoke the statutory guarantee of conformity if the product does not conform to the contract.

Subject to the conditions provided by law, the consumer may request the repair or replacement of the product, free of charge and without significant inconvenience. The product must be brought into conformity within no more than 30 days of the request.

When a product is repaired under the statutory guarantee of conformity, the original warranty period is extended by six months.

If the consumer requests a repair but the Seller requires the product to be replaced, the statutory guarantee of conformity is renewed for a period of two years from delivery of the replacement product.

In the circumstances provided by applicable regulations, the consumer may keep the product and obtain a price reduction, or terminate the contract and obtain a refund in exchange for returning the product. This applies in particular where bringing the product into conformity is impossible, has been refused, is not completed within the required period, causes significant inconvenience or where the lack of conformity remains after an attempted remedy.

Where the lack of conformity is sufficiently serious, the consumer may be entitled to an immediate price reduction or termination of the contract under the conditions provided by law.

Warranty Against Hidden Defects

The consumer also benefits from the warranty against hidden defects provided for under Articles 1641 to 1649 of the French Civil Code.

This warranty may be invoked within two years of discovering the defect. Subject to the conditions provided by law, it allows the consumer either to keep the product and obtain a price reduction or to return the product and obtain a refund of the price paid.

These statutory warranties apply independently of any commercial warranty that may be offered by the Seller.

12 - Liability

The Seller shall not be held liable for damage resulting exclusively from:

  • misuse of the product;

  • failure to follow the care instructions;

  • normal wear and tear;

  • use that is clearly inconsistent with the product’s intended purpose.

These provisions do not restrict or exclude any statutory warranties or mandatory rights granted to consumers.

The Seller may be released from all or part of its liability where it demonstrates that the failure to perform or improper performance of the contract resulted from the customer’s actions, the unforeseeable and unavoidable actions of a third party to the contract, or an event meeting the statutory criteria for force majeure.

13 - Intellectual Property

All elements of the ironback.fr website, including its text, visual content, logo and design, are protected by intellectual property law.

The IRON BACK trademark and its logo have been registered with the French National Institute of Industrial Property (INPI):

Word mark: No. 4878105

Figurative mark (logo): No. 4878106

Any reproduction, exploitation or use without prior authorisation is prohibited.

14 - Personal Data

Personal data is processed in accordance with the Privacy Policy available at:

https://ironback.fr/policies/privacy-policy

15 - Disputes, Mediation and Governing Law

In the event of a dispute, the customer is invited to contact the Seller first at hello@ironback.fr to seek an amicable resolution.

In accordance with the provisions of the French Consumer Code governing consumer dispute mediation, after contacting us and if the response received is not satisfactory, the customer may use the following consumer mediation service free of charge:

CM2C
49 rue de Ponthieu
75008 Paris
France
Telephone: +33 1 89 47 00 14
Website: https://www.cm2c.net/declarer-un-litige.php
Email: litiges@cm2c.net

These General Terms and Conditions of Sale are governed by French law.

However, where a consumer resides in another Member State of the European Union to which the Seller directs its activities, including Belgium, the choice of French law shall not deprive that consumer of any mandatory consumer-protection provisions granted under the law of their country of residence.

If the dispute cannot be resolved amicably, the customer may bring the matter before the competent courts in accordance with applicable jurisdiction rules. A consumer residing in another Member State of the European Union retains, in particular, the jurisdictional rights granted under European Union law.

16 - Special Provisions for Pre-orders

Where products are offered for pre-order:

  • the estimated delivery date or period will be stated before the order is confirmed;

  • payment may be collected immediately;

  • in the event of a delay, the customer will have the rights provided by applicable law, including the right to request cancellation and a refund under the conditions laid down by law.