GENERAL TERMS AND CONDITIONS OF SALE www.t-a-o.com, MyTAO Application

ARTICLE 1 - SCOPE OF APPLICATION

The present General Terms and Conditions of Sale (hereafter “GT&Cs”) apply, without restriction or reserve, to all sales concluded between:

1. TAPE A L’OEIL, a simplified joint-stock company with variable capital, whose registered office is located in WASQUEHAL (59290) - FRANCE, 24 Avenue du Grand Cottignies, registered with the Trade and Companies Register of LILLE METROPOLE under the number 389 632 639
Phone: +33 (0)328 335733. Fax: +33 (0)328 335734
Contact form: click here.
Director of Publication: Edouard BLANCHON (hereinafter “TAO”)

AND

2. Any person wishing to acquire the Products offered for sale by TAO on its website www.t-a-o.com or its MyTAO application (app) for the purchase of new products (hereinafter referred to as “the Customer”).

The Customer, prior to his/her order, declares that:

  • the purchase of Products on the website www.t-a-o.com or via the MyTAO application (hereinafter “the Site”) is not directly related to his/her professional activity and is limited to strictly personal use;
  • they have full legal capacity, enabling them to enter into commitments under these GT&Cs.


These conditions apply to the exclusion of all other conditions, in particular those applicable to sales in shops or through other distribution and marketing channels.

These Terms and Conditions of Sale are accessible at any time on the Site and shall prevail, where applicable, over any other version or any other contradictory document. In the absence of proof to the contrary, the data recorded by TAO shall constitute proof of all transactions. The Products presented on the Site are offered for sale worldwide. Products are offered subject to availability. Indications about the availability of the Products are provided at the time the order is prepared. Modifications to these GT&Cs are applicable to the users of the Site from the moment they are put online and cannot apply to transactions concluded previously. The fact that a natural person (or legal entity) places an order on the Site implies full and complete adherence and acceptance of these GT&Cs, which is expressly acknowledged by the customer, who renounces in particular the right to rely on any contradictory document, which would not be enforceable against TAO.

ARTICLE 2 - ORDERS

It is up to the customer to select on the Site the Products he/she wishes to order, according to the following terms and conditions: The Customer selects the desired Products, adds them to his/her basket and proceeds to payment via various confirmation and acceptance screens. The order will only be definitively recorded after the final confirmation on the order payment screen. However, the sale will only be final after an e-mail has been sent to the customer confirming acceptance of the order by TAO and the latter has received the full price.

ARTICLE 3 - TARIFFS

Products are supplied at the current prices shown on the Site, when the order is recorded by TAO. Prices are expressed in Euros including all taxes. Prices take into account the VAT applicable on the day of the order. If the rate were to be modified, these changes could be reflected in the price of the Products without the customer being informed beforehand. These tariffs are firm and cannot be revised during their period of validity. They do not include delivery costs, which are invoiced in addition, under the conditions indicated on the Site and calculated prior to placing the order. The payment requested from the customer corresponds to the total amount of the purchase, including these fees.

 

ARTICLE 4 - TERMS OF PAYMENT

4.1 Terms and Conditions

The price is payable in cash online when placing the order. TAO shall not be obliged to deliver the Products ordered by the customer if the customer does not pay the price in full under the conditions and indicated below.

  • Payment by Paypal:
    Payments by Paypal are debited at the time of confirmation of the payment of the order.
  • Payment by credit card:
    Payments by credit card are debited at the time of confirmation of the payment of the order.
  • Payment by TAO gift card:
    The number of the gift card must be entered by the customer at the time of payment.

TAO reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the delivery of current orders placed by the customer.

4.2 Specifics related to the France gift card

4.2.1: Purchase of the gift card

The price of the Gift Card can be paid in cash or by credit card. Gift Cards can be credited at the time of purchase with an amount between €10 and €150.

The gift card cannot be reimbursed after its purchase. The initial credit or available credit cannot be exchanged for cash or repaid by any means whatsoever.

4.2.2: Use of the gift card

Any purchase or use of the Gift Card implies full and complete acceptance by the buyer and user of these general conditions, which are available and can be consulted in TAPE A L’OEIL stores, on the Gift Card envelope and on the www.t-a-o.com website.

Validity

The Gift Card is valid only for the purchase of products in TAPE A L’OEIL stores located in France and on our website www.t-a-o.com.

The Gift Card is valid for one year from the date of purchase. Its expiry date is indicated on the Gift Card activation ticket and can be communicated upon request at the checkout or from customer services. This validity period cannot be extended. After this date expires, the card may no longer be used to purchase TAPR A L’OEIL products and the unused balance may not be claimed.

Terms and Conditions of Use

The Gift Card allows its beneficiary to make purchases for an initial and maximum amount of 10 to 150 euros (depending on the prepaid amount indicated on the Gift Card activation ticket) and can be communicated to the cardholder upon request at the checkout or to customer services using the number on the back of the card.

The Gift Card can be used one or more times until the amount on the card is used up.

If the price of the products purchased with the Gift Card is lower than the initial value, this price is deducted from the initial amount, with the available balance corresponding to the difference between the previous balance and the amount of the purchase. The remaining balance of the Gift Card is shown on the ticket that is given to you when you make a purchase. This balance can also be communicated to the bearer upon request at the cash desk.

If the price of the products purchased with the Gift Card is higher than the initial balance or, if applicable, the available balance, the difference can be paid in cash or by any means of payment accepted by the TAPE A L’OEIL stores.

Once the validity date has expired, or the balance is depleted, the Gift Card may be destroyed. However, if you have paid for a purchase on the www.t-a-o.com website, and you need to be reimbursed, you are strongly advised to keep the gift card because the amount is automatically re-credited to the payment method used at the time of purchase.

4.2.3: Responsibility

The Gift Card is not nominative and the responsibility for its use rests exclusively with its holder.

TAPE A L’OEIL cannot be held responsible for the loss, damage or theft of a Gift Card. TAPE A L’OEIL will, therefore, not proceed with any replacement or refund.

4.2.4: Claims and disputes

Any claims relating to the use of the Gift Card should be addressed to: TAPE A L’OEIL - Customer Services - 24 Avenue du Grand Cottignies 59290 WASQUEHAL, by registered post with acknowledgement of receipt or directly on the website www.t-a-o.com via the contact form (https://www.t-a-o.com/contact).

Any dispute arising from the use of the Gift Card will be subject to French law and brought before the competent French courts.

ARTICLE 5 - SECURITY OF PAYMENTS

To ensure the security of payments, TAO uses a secure payment service. Bank data is encrypted (SSL security standard) and does not circulate unencrypted on the Internet.

ARTICLE 6 - DELIVERIES

6.1. Terms and conditions of delivery

The Products acquired by the customer are delivered within a maximum period of thirty (30) days from the confirmation of the order to the address indicated by the customer when ordering on the Site. Except in special cases or the unavailability of one or more Products, the Products ordered will be sent out as one delivery.

In the absence of delivery within this period for any other reason than force majeure, the sale may be cancelled at the written request of the customer under the conditions provided for in Articles L 138-2 and L 138-3 of the Consumer Code. The sums paid by the customer will then be returned to him/her at the latest within fourteen days following the date of termination of the contract, to the exclusion of any compensation or deduction. TAO also offers free delivery in one of its stores, which are listed on the Site, for a minimum order amount of €10. It is the customer’s responsibility to check the condition of the Products delivered. He/she has a period of 14 days from delivery to file a complaint via the contact form (https://www.t-a-o.com/contact ) regarding any reservations or claims for non-conformity or apparent defect of the Products delivered, with all the relevant evidence. After this period and any failure to comply with these formalities, the Products shall be deemed to be in conformity and free of any apparent defect and no claim may be validly accepted by TAO. TAO will replace, as soon as possible and at its own expense, the Products delivered whose apparent defects or lack of conformity have been duly proven by the customer, under the conditions provided for in Articles L 211-4 of the French Consumer Code and those provided for in these GT&Cs.
The modes of delivery are as follows:

  • Delivery in TAO shops in mainland France (except during sales periods and subject to modification by TAO) (€3.50 - free for orders over €10):
    The customer must go to the chosen shop with the order summary e-mail. The customer has 10 calendar days from the arrival of the package to pick up his/her package in the store. An e-mail will notify the customer of the availability of his/her package. Exceptionally, during periods of Sales and Private Sales, the customer has five calendar days from the arrival of his/her web order to pick up his/her package in-store.
  • Delivery to a Relay point : €3.50 - free for purchases over €60
  • Delivery via the Post Office : €5.90 in Mainland France.

Products purchased by the customer are delivered anywhere in the world.

6.2. Tax refunds

6.2.1. Tax free in-store

Any customer not residing in the European Union will be able to benefit from the tax rebate on request at the payment desk in the shop. The shop will issue a document from a certified tax-exempt organisation and will then give the customer two copies of a signed and stamped slip accompanied by pre-stamped envelopes.

6.2.2. Tax free international web order

Any customer not residing in the European Union and having placed an order in his/her place of residence will not be charged the VAT amount. As a result, VAT will appear at 0%.

Abroad, the delivery costs payable by the customer are subject to the rates in force on the Post Office site.

ARTICLE 7 - RESERVATION OF OWNERSHIP - TRANSFER OF RISKS

TAO retains full and complete ownership of the Products until full payment of the price by the customer, in principal, including costs and taxes.
The transfer of the risks of loss and deterioration of the Products takes place at the moment when the customer takes physical possession of the Products.

ARTICLE 8 - RETURNS AND EXCHANGES

ARTICLE 8.1. GROUNDS

RIGHT OF WITHDRAWAL
In accordance with the legal provisions in force, the customer has a period of fourteen (14) days from receipt of the Products to exercise his/her right of withdrawal with TAO, without having to justify his/her reasons or pay any penalty, for the purpose of exchange or refund, provided that the Products are returned in their original packaging, new and labelled within fourteen (14) days following notification to TAO of the customer’s decision to withdraw.
Where the right of withdrawal is exercised within the above-mentioned period, only the price of the entire order of the Products purchased and the delivery costs will be refunded; the return costs remaining at the expense of the customer having selected delivery by post. For returns via Mondial Relay, the customer can edit a return label free of charge from our website: https://www.mondialrelay.fr/envoi-de-colis/retourner-un-colis/creer-un-retour?brandId=BDTAPEAL

The exchange (only possible in-store - subject to availability) or refund will be made within fourteen (14) days from the date of receipt by TAO of the Products returned by the customer.

SATISFACTION GUARANTEE

The Products ordered on the site by a customer with a valid loyalty card can be exchanged or reimbursed during the entire season, i.e. until the last day of the national sales of the season in question counting from their purchase.

The refund will be made as quickly as possible. Only the price of the Product will be refunded to the customer.

ARTICLE 8.2. CONDITIONS AND METHODS OF RETURN - WEB PURCHASE

The returned Product must be in its original condition and complete (packaging, labels, accessories, etc.) allowing its resale in new condition, accompanied by the purchase invoice and the mandatory order number. Damaged, soiled or incomplete Products will not be taken back.

  • Exchange or refund in a TAO shop in mainland France (free service)
    The refund will be made on presentation of the invoice or on presentation of the order summary e-mail (including the order number).
  • By post: A Product may be returned by the customer to the following address:
    DC1 Geodis - Retour Web TAO - Parc des industries Artois-Flandres - 450 rue de Bruxelles 62138 DOUVRIN (return costs to be borne exclusively by the Customer)
  • Deposit of the Product by the customer at a Mondial Relay Point (free service) accompanied by the duly completed form - without this information a refund is impossible.

ARTICLE 8.3. CONDITIONS AND METHODS OF RETURN - IN-STORE PURCHASE

The returned Product must be in its original condition and complete (packaging, labels, accessories, etc.) allowing its resale in new condition, accompanied by the purchase invoice and the mandatory order number. Damaged, soiled or incomplete Products will not be taken back.

  • Exchange or refund in a TAO shop in mainland France (free service)

The refund will be made on presentation of the invoice or on presentation of the order summary e-mail (including the order number).

ARTICLE 9 - LEGAL GUARANTEES

  • The Products supplied by TAO benefit from, in accordance with the legal provisions: the legal guarantee of conformity, for Products that are apparently defective, damaged or damaged or do not correspond to the order (articles L211-4 et seq. of the French Consumer Code). The Customer:
    - shall have a period of two years from the delivery of the goods to take action against the Seller;
    - may choose between repairing or replacing the Product ordered, subject to the cost conditions provided for in Article L 217-9 of the French Consumer Code;
    - shall be exempt from providing proof of the existence of the Product’s lack of conformity during the six months following delivery of the Product. This period is extended to 24 months from 18 March 2016, except for second-hand goods.
  • The legal guarantee of conformity applies independently of any commercial guarantee that may cover the Product.
  • the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the Products delivered and rendering them unfit for use (articles 1641 et seq. of the French Civil Code). In this case, the customer may choose between cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
  • To assert his/her rights, the customer must inform TAO in writing of the existence of hidden defects within a maximum period of two years from their discovery. The corresponding returned Product must then be sent to TAPE A L'ŒIL - Service Qualité - 24 Avenue du Grand Cottignies 59290 WASQUEHAL.

TAO will replace or refund Products under warranty that are found to be non-conforming or defective. The return costs will be compensated on the basis of the rate invoiced in the form of a discount code to be used on the www.t-a-o.com website. Refunds will be made as soon as possible and upon receipt of the item after TAO has ascertained the lack of conformity or hidden defect, by crediting the bank account the customer used to pay for the order.
TAO cannot be held liable in the following cases:

  • Non-compliance with the legislation of the country in which the Products are delivered, which it is up to the customer to check,
  • In the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the customer, such as in the event of normal wear and tear of the product, accident or force majeure.
  • TAO’s warranty is in any case limited to the replacement or refund of Products that do not conform or are defective.
  • The photographs and illustrations accompanying the Products on the Site have no contractual value and therefore cannot engage the responsibility of TAO.

ARTICLE 10 - PERSONAL DATA

TAPE À L'ŒIL is committed to protecting its customers’ personal data and ensuring the highest level of protection.

To provide its service, TAPE À L'ŒIL collects personal data from visitors to its TAPE À L'ŒIL website as well as from customers in its shops.

TAPE À L'ŒIL, as Data Controller, undertakes to comply with the provisions of Regulation (EU) No. 2016/679 of 27 April 2016 on the protection of personal data (GDPR) and the law No. 78-17 of 6 January 1978 as amended.

The PERSONAL DATA AND COOKIE MANAGEMENT POLICY of TAPE À L'ŒIL is available here and details:

1. IDENTITY OF THE DATA CONTROLLER

2. PURPOSES OF DATA COLLECTION AND LEGAL BASIS

3. INDIVIDUAL RIGHTS

4. DATA RECIPIENTS

5. DATA TRANSFERS OUTSIDE THE EUROPEAN UNION

6. DATA RETENTION PERIOD

7. COLLECTION OF DATA FROM MINORS

8. COMMERCIAL PROSPECTING

9. COOKIES, TAGS AND TRACKERS
 

ARTICLE 11 - INTELLECTUAL PROPERTY

All elements of the Site, whether or not they have been the subject of a trademark registration, are the exclusive property of TAO. All trademarks, photos, product files, descriptions, layout, images, graphics, sounds, logos, etc. on the Site are protected under copyright, trademark law and image rights.
Any total or partial reproduction of this content constitutes an infringement that may result in the civil and criminal liability of its author.
The user who has a website or blog and who wishes to place a simple link directly to the home page of the Site must without exception request authorisation from TAO. Any hypertext link transferring to the Site is strictly forbidden.

ARTICLE 12 - ENTIRE AGREEMENT

In the event that one of the clauses of the present general terms and conditions would become null and void due to a change in legislation, regulations or a court decision, this shall not affect the validity and compliance with the other clauses of the present GT&Cs.

ARTICLE 13 - PRE-CONTRACTUAL INFORMATION - CUSTOMER ACCEPTANCE

The customer acknowledges having been informed, prior to the conclusion of the contract, in a clear and comprehensible manner, of these GT&Cs and of all the information and details referred to in articles L 111-1 and L111-7 of the Consumer Code, and in particular:

  • the essential characteristics of the Product, taking into account the communication medium used and the Product concerned,
  • the price of the Products and ancillary costs (e.g. delivery),
  • in the absence of immediate performance of the contract, the date or period of time by which TAO undertakes to deliver the Product,
  • information relating to TAO’s identity, postal, telephone and electronic contact information, and activities, if not apparent from the context,
  • information relating to legal and contractual guarantees and their means of implementation,
  • the functionalities of digital content and, where appropriate, its interoperability,
  • the possibility of resorting to conventional mediation in the event of a dispute,
  • information on the right of withdrawal (existence, conditions, time limit, how to exercise this right and standard withdrawal form), the costs of returning the Products, the cancellation procedure and other important contractual conditions.

ARTICLE 14 - APPLICABLE LAW - LANGUAGE - DISPUTES

By express agreement between the parties, this contract is governed by and subject to French law. It is written in French. In the event that it is translated into one or more languages, only the French text shall be taken into account in the event of a dispute.
All disputes to which the purchase and sale operations concluded in application of the present GT&CS could give rise, concerning their validity, interpretation, execution, termination, consequences and after-effects, and which could not be resolved between the seller and the customer will be submitted to the competent courts under the conditions of common law.
In the event of a dispute, in accordance with Articles L 612-1 et seq. of the French Consumer Code, the customer has the option of referring, free of charge, any complaint relating to a purchase of a product on the Site made over the last twelve (12) months to a mediator approved by the Commission d’Evaluation et de Contrôle de la Médiation .

ARTICLE 15 - GENERAL TERMS AND CONDITIONS OF USE OF THE My TAO Community CARD

The present general terms and conditions for joining the TAPE A L'ŒIL loyalty programme by purchasing a loyalty card (hereinafter the “My TAO Community card”) are concluded on the one hand between:

TAPE A L'ŒIL, a simplified joint-stock company with variable capital, whose registered office is at WASQUEHAL (59290) - 24 Avenue du Grand Cottignies, registered with the Roubaix-Tourcoing Trade and Companies Registry under number 389.632.639. Hereinafter referred to as “TAPE A L’OEIL”

And on the other hand,

Any individual wishing to join the TAPE A L’OEIL loyalty programme or use their My TAO Community card in TAPE A L’OEIL shops or on the www.t-a-o.com website.

Hereinafter referred to as the “Beneficiary”

Acceptance of the general conditions of use of the My TAO Community card
The Beneficiary acknowledges having read and accepted the present general terms and conditions; available in-store or on the www.t-a-o.com website.

TAPE A L’OEIL reserves the right to modify at any time the general conditions of use of its loyalty programme, to suspend or delete it.

Joining the TAPE A L'ŒIL My TAO Community loyalty programme
The My TAO Community card can be purchased in all TAPE A L’OEIL shops in mainland France and Belgium and on the www.t-a-o.com website.

Its price is three (3) euros per year. This price is subject to change.

The My TAO Community card is a dematerialised card. No physical shipment will be made in case of purchase or renewal of the card.

TAPE A L'ŒIL reserves the right to ask the beneficiary for any document in support of the information transmitted (in particular nominative information, identity of the children, date of birth of the children, etc.)

Validity
The My TAO Community card is valid in TAPE A L'ŒIL shops and on the www.t-a-o.com website for one year from the date of purchase.

The My TAO Community card is strictly personal (a person may only hold one card) and may not under any circumstances be transferred or sold or used for purposes other than those defined in these terms and conditions. Otherwise, TAPE A L'ŒIL reserves the right to delete the loyalty card concerned and/or the order(s) concerned).

Advantages of the My TAO Community card
Accumulation of loyalty points:
Upon presentation of the My TAO Community card in-store or by simply indicating the name of the Beneficiary, and on the Internet, the purchases made enable points to be accumulated at the rate of 1 point for each full 10 euros of purchase. In cases where items are refunded, the points acquired relating to these products will be deducted from the customer’s loyalty account.

When the 15 points threshold is reached, a loyalty cheque worth 10 euros is credited to the account of the card Beneficiary. Any excess points earned will be accumulated with subsequent purchases.

This loyalty cheque is valid for two (2) months from its date of issue and is neither exchangeable nor refundable. It can be used by the Beneficiary in shops or on the www.t-a-o.com website to pay for purchases.

Children’s birthdays:
For the birthday of the Beneficiary’s child(ren), the card entitles the holder to a birthday cheque for five (5) euros to be used for a future purchase in-store or on the www.t-a-o.com website; the purchase must be made within 15 days before and 30 days after the child’s registered birthday. The birthday cheque is neither exchangeable nor refundable. It does not give rise to any change. The birthday benefit is applicable from the 1st to the 14th birthday of the registered child. A maximum of five child(ren) or grandchild(ren) can be registered on a My TAO Community card.

Exchanges valid throughout the season:
Products purchased or ordered on the www.t-a-o.com website by a customer with a valid My TAO Community loyalty card may be exchanged or refunded (only the price of the Product will be refunded to the customer) throughout the season, i.e. until the last day of the national sales of the season concerned counting from the date of purchase.

Renewal
Thirty (30) days before its expiry date, and then on the same day, the Beneficiary is notified by TAPE À L'ŒIL by email or SMS of the possibility of renewing his/her card. The points acquired with the card shall be retained during the period of validity of the card and for one year from its expiry date, so that any renewal during this period shall not result in any loss of points. The membership fee is three euros. This price is subject to change. Renewal does not result in a new card being sent.

Personal data
As part of the subscription to the My TAO Community loyalty programme, TAPE A L’OEIL collects personal data concerning the Beneficiary. This information is subject to computer processing which is intended to enable TAPE A L’OEIL to process the Beneficiary’s requests, to allow him/her to benefit from the loyalty programme and to send him/her TAPE A L’OEIL’s offers. The recipient of this data is TAPE A L’OEIL.

For more information, the TAPE À L'ŒIL PERSONAL DATA AND COOKIE MANAGEMENT POLICY is available here.

Withdrawing the card
Any breach of these Terms and Conditions, any abusive or fraudulent use of the advantages offered by the My TAO Community card, any behaviour prejudicial to the interests of TAPE A L'ŒIL, any falsification of information transmitted by a Customer or by a third party acting on behalf of a Customer, will automatically lead to the cancellation of the customer, his/her points or the advantages he/she has obtained, without compensation of any kind and without prior notice.
TAO reserves the right to take any action it deems appropriate in the event of erroneous or misleading statements made at the time of membership and/or abusive or fraudulent use of the My TAO Community card loyalty programme.

APPENDIX I

Provisions relating to statutory guarantees

Article L217-4 of the Consumer Code
The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He/she shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation when this has been entrusted to him/her by the contract or has been carried out under his/her responsibility.

Article L217-5 of the Consumer Code
To be in conformity with the contract, the goods must:

  • Be fit for the use ordinarily expected of similar goods and, where appropriate:
  • correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model
  • have the qualities that a buyer may legitimately expect in the light of public statements made by the seller, the producer or his/her representative, particularly in advertising or labelling
  • Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.

Article L217-12 of the Consumer Code
No action resulting from lack of conformity shall be considered after two years from the date of delivery of the goods.

Article L217-16 of the Consumer Code
Where the buyer asks the seller, during the course of the commercial guarantee granted to him/her at the time of the acquisition or repair of personal goods, to restore the item to its original condition covered by the guarantee, any period of immobilisation of at least seven days shall be added to the period of the guarantee that has remained to run. This period shall run from the date of the buyer’s request for intervention or from the date on which the goods in question are made available for repair, if this availability is subsequent to the request for intervention.

Article 1641 of the Civil Code
The seller is bound by the guarantee on account of hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would only have paid a lower price for it, if he/she had known about them.

Article 1648 paragraph 1 of the Civil Code
Any action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.

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