GENERAL CONDITIONS OF SALE
ARTICLE 1 - SCOPE OF APPLICATION
These General Conditions of Sale (hereafter the 'GCS') apply, without limitation or qualification, to all sales made between:
1. The Company TAPE A L’OEIL, a simplified stock corporation with variable capital, head office WASQUEHAL (59290) - France, 24 Avenue du Grand Cottignies, registered with the French Registre du Commerce et des Sociétés de Lille Métropole, registration number 389 632 639 .
Telephone: 03.28.33.57.33. Fax: 03.28.33.57.34
E-Mail : firstname.lastname@example.org
Director of publication Joannes SOENEN
2. Any person wishing to acquire the Products offered for sale by TAO on its website www.tao.com (hereinafter the 'Customer').
The Customer, prior to placing his/her order, declares that:
- the purchase of Products on the website www.tao.com (hereinafter the ‘Site') is not directly related to any professional activity and is strictly limited to personal use;
- that he/she has full legal capacity to understand and to comply with the GCS.
These conditions apply to the exclusion of all other conditions, including those applicable to in-stores sales or sales made via other distribution and marketing channels.
These conditions are available at any time on the Site and will prevail over any other version or any other contradictory document, where required.
Unless proved otherwise, the data recorded by TAO constitutes proof of all transactions.
Products on the Site are offered for sale worldwide.
Product offers are valid within the limits of available stocks. Information on the availability of Products is provided at the time of placing the order.
Changes to these GCS are enforceable against users of the Site after they are posted online and cannot be applied to completed transactions.
The fact of placing an order on the Site implies full acceptance of the GCS, expressly acknowledged by the Customer, who waives, in particular, to take advantage of any contradictory document, which would be unenforceable against TAO.
ARTICLE 2 - ORDERS
The Customer must select the Products they wish to order on the Site as follows:
The Customer selects the chosen Products, adds them to the basket and makes payment via the various validation and acceptance screens. The order will be definitively placed once payment has been accepted. The sale will be definitive after the Customer has been sent a confirmation email of acceptance of the order by TAO and confirmation by the latter that the order has been fully paid.
ARTICLE 3 – PRICES
Products are supplied according to prices quoted on the Site, at the time when TAO records the order. Prices are shown in Euros, both with and without VAT.
The prices include the French VAT rate applicable on the date the order is placed. If the rate is altered, these changes could be reflected on the price of Products without the Customer being notified.
These prices are firm and not subject to revision during their period of validity. Prices do not include delivery costs, which are charged in addition, under the conditions indicated on the Site and calculated before placing the order. The payment required from the Customer is the total amount of the purchase, including these costs.
ARTICLE 4 - PAYMENT CONDITIONS
The price is payable online when placing the order.
TAO will not proceed with the delivery of the Products ordered by the Customer if the latter has not paid the price in full according to the conditions set out below.
- Payment by debit/credit card:
The card payments are debited at the time of confirmation of payment of the order.
- Payment by cheque:
The Customer can pay online by cheque if it is issued by a French bank. The cheque should be made payable to TAO and must be sent within 7 calendar days maximum to the following address: TAO - Service Web - 24 Avenue du Grand Cottignies, 59290 WASQUEHAL.
The cheque will be banked upon receipt.
Customer payments will not be considered final until TAO has confirmation that the amount due has been cleared by the bank.
- Payment by TAO gift voucher:
The gift voucher number must be entered by the Customer upon payment.
TAO reserves the right, in case of non-compliance of the payment terms listed above, to suspend or cancel delivery of current orders placed by the Customer.
ARTICLE 5 - PAYMENT SECURITY
To ensure the security of payments, TAO uses a secure payment service. The banking data is encrypted (SSL security standard) and never transmitted unencrypted over the Internet.
ARTICLE 6 – DELIVERY
Products purchased by the Customer are delivered within a maximum of thirty (30) days from the order confirmation to the address indicated by the Customer in his order on the Site. Except for special circumstances or unavailability of one or more Products, the Products ordered will be delivered at the same time.
A failure to deliver within that period, for any reason other than force majeure, the sale may be cancelled at the written request of the Customer in accordance with Articles L 138-2 and L 138-3 of French consumer law. The amount paid by the Customer will then be refunded within fourteen days at the latest after the contract termination date, with the exception of any compensation or deduction.
TAO also offers free shipping from one of its outlets, which is listed on the Site and is applicable for orders over 30€.
The Customer must check the condition of the delivered Products. He/she has a period of 14 days from delivery to submit a complaint by post or email detailing such reservations or claims for non-compliance or defect of the Products delivered, which must include all supporting documents. After this period and failing to comply with these formalities, the Products will be deemed compliant and free from defect and no claim will be validated or accepted by TAO. TAO will replace, as soon as possible and at its own expense, any Products delivered where obvious defects or non-conformities have been duly proved by the Customer, in accordance with Articles L 211-4 of French consumer law and the terms set out in these GCS.
Delivery methods are:
- • TAO outlet delivery to mainland France (excluding sales periods and subject to any modification by TAO) (3.50€ - free for purchases exceeding 30€):
Customer must present the selected outlet with the e-mail order summary. The Customer has 15 calendar days from the arrival of the package to collect it from the outlet. An email will notify the Customer when the package has arrived.
- Relay delivery points (3.50€ - free for purchases exceeding 60€)
- Home delivery
Products purchased by the Customer are delivered worldwide.
The shipping costs at the customer's expense are:
|Belgium (Mondial Relay)||3.50€|
|Belgium (Taxipost), Spain, Italy||5.90€|
|Germany, Netherlands, Luxembourg||11€|
|Austria, Denmark, Ireland, Portugal||14€|
|Finland, Norway, Sweden, Switzerland, the Azores, Madeira, Canary Islands||17€|
|French Overseas Territories||17€|
|Greece, Hungary, Iceland, Poland, Czech Rep, Slovakia, Slovenia||18€|
|Other Eastern European countries and North Africa||18€|
|USA, Canada, Africa||22€|
|Americas (outside the USA and Canada) and Oceania||23€|
ARTICLE 7 - RESERVATION - TRANSFER OF RISKS
TAO retains full ownership of the Products until full payment by the Customer is received, in principal, including charges and taxes.
The transfer of risk of loss and deterioration of Products is applicable when the Customer physically takes possession of the Products.
ARTICLE 8 - RETURNS AND EXCHANGES
ARTICLE 8.1. BASIS
RIGHT TO RETRACT
In accordance with legal provisions, the Customer has a period of fourteen (14) days from the receipt of Products to exercise his right of withdrawal from TAO, without having to give reasons or to pay a penalty at the end of the exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within fourteen (14) days of TAO receiving notification of the Customer's withdrawal decision.
Upon exercising the right of withdrawal within the abovementioned period, only the price of the Products purchased and delivery costs will be refunded; the Customer is liable for the cost of returning the Product.
Any exchange (subject to availability) or refund will be made within fourteen (14) days following receipt by TAO of the Products returned by the Customer.
The Products ordered on the site can be exchanged or refunded during the entire season, that is to say until the last day of the relevant national sales period, taking into account their date of purchase
Refunds will be issued as quickly as possible. Only the price of the Product will be refunded to the Customer.
Article 8.2. CONDITIONS FOR THE RETURN OF PRODUCTS
The Product must be returned in its original and complete condition (packaging, accessories...) allowing its resale as new item; it must be accompanied by the purchase invoice. Damaged, soiled or incomplete Products will not be accepted.
ARTICLE 8.3. METHODS OF RETURN
- Exchange or refund in a TAO outlet in mainland France (free service)
A refund will be issued upon presentation of the invoice or presentation of the e-mail order summary.
- Refund if returned:
- • By post: A Product may be returned by the Customer to the following address:
GEODIS Cellule A – Retour Web TAO– ZAC des 4 Vents 59150 HEM (cost of returning the Product is the sole responsibility of the Customer)
- • Deposit of the Product by the Customer at a TAO Relay point (free service).
ARTICLE 9 - LEGAL GUARANTEES
Products supplied by TAO benefit in accordance with the following legal provisions:
- The legal guarantee of conformity for Products apparently defective, spoiled or damaged or which do not correspond to the order (Articles L211-4 and French Consumer Law)
- The legal guarantee against hidden defects from faulty material, design or manufacture affecting the Products delivered and making them unsuitable for use (Articles 1641 of the French civil code).
The shipping costs will be reimbursed on the basis of the invoiced price, return costs will be reimbursed on presentation of receipts. Refunds will be made as soon as possible and at the latest within fourteen (14) days of confirmation by TAO of the lack of conformity or defect, by crediting the Customer's bank account or by sending a cheque to the customer.
The responsibility of TAO shall not be incurred in the following cases:
- Non-compliance with the legislation of the country where the Products are delivered, which is for the Customer to check.
- In case of misuse, use for professional purposes, neglect or lack of maintenance by the Customer, as well as in cases of normal wear and tear of the Product, accidents and force majeure.
The photographs and illustrations accompanying the Products on the Site have no contractual value and therefore cannot engage the responsibility of TAO.
ARTICLE 9 - DATA PROTECTION
Pursuant to French Law No. 78-17 of 6 January 1978 amended in 2004, it is to be noted that personal data requested from the Customer is required to process the order and prepare invoices.
The processing of information provided through the Site has been declared to CNIL (No. 1329325).
The Customer has, in accordance with national and European regulations, a permanent right of access, modification, rectification and opposition with regards to information concerning him/her. To exercise this right, the Customer must send a letter to the following address: TAPE A L’ŒIL - Marketing - 24 Avenue du Grand Cottignies 59290 WASQUEHAL.
ARTICLE 11 – INTELLECTUAL PROPERTY
All elements of the Site, whether with or without trademark registration, are the exclusive property of TAO. All trademarks, photos, Product fact sheets, descriptions, page layouts, images, graphics, sounds, logos etc. on the Site are protected notably by copyright, trademark and image rights.
Total or partial reproduction of this content constitutes infringement and may result in the civil and criminal liability of the author.
A user who has a website, blog and who wishes to place a direct hyperlink to the home page of the Site must request permission from TAO. Hypertext links sent to the Site are strictly prohibited.
ARTICLE 12 – ENTIRETY
In the event that any provision of these terms becomes null and void by a change in legislation, regulation or court decision, this will not affect the validity and respect of the other provisions of these GCS.
ARTICLE 13 – PRE-CONTRACTUAL INFORMATION - CUSTOMER ACCEPTANCE
The Customer acknowledges having received notice, prior to the conclusion of the contract, in a clear and comprehensible manner, of the present GCS and all information and information referred to in Articles L111-7 and L111-1 of French consumer law, in particular:
- the price of the Products and associated costs (such as delivery),
- in the absence of immediate execution of the contract, the date or period during which TAO is obliged to deliver the Product,
- information regarding the identity of TAO, its postal address, telephone and email contact information, and activities, if not already apparent from the context,
- information on legal and contractual guarantees and their implementation terms,
- the functionality of the digital content and, where appropriate, of its interoperability,
- the possibility of using a conventional mediation in case of dispute,
- information about the right of withdrawal (existence, condition, time, procedures for exercising this right and standard form of withdrawal), the cost of return of Products, termination procedures and other important contractual conditions.
ARTICLE 14 – APPLICABLE LAW – LANGUAGE – LITIGATION
By express consent of the parties, this contract is governed by and subject to French law.
It is written in French. Should it be translated into one or more foreign languages, only the French version will prevail in case of dispute.
All disputes arising due to purchases and sales governed by these GCS, which could give rise to concerns about its validity, interpretation, performance, termination, their consequences and which cannot be resolved by the seller and the Customer will be subject to competent courts under common law conditions.
The Customer is informed that he/she may in any case resort to a conventional mediation, notably the French Commission de la médiation de la consommation (Article L 534-7 of French consumer law) or to existing sector bodies, references for which are on the website http://www.economie.gouv.fr/mediation-conso or any alternative dispute resolution (such as conciliation) in case of any dispute.