Terms and conditions
Article 1 - Scope
These General Conditions of Sale (hereinafter the “General Conditions”) apply to any purchase made by an Internet user / natural person (hereinafter the “Customer”) on the website https: //www.tatappy. fr (hereinafter the "Site") with the company IOGHI, SAS registered in the trade and companies register of Bourg en Bresse under number 884 192 162, having its registered office in Bourg en Bresse (01000), 5 rue Baker, Tel: 06 15 05 88 99, email: email@example.com (hereinafter the "Seller"). Any order for Products (hereinafter "Products") implies, on the part of the Customer, the acceptance of these General Conditions of Sale. The Customer is clearly informed and recognizes that the Site is intended only for consumers and that the terms used below have, in these General Conditions, the following meaning: “Customer”: designates the Seller's co-contractor, who guarantees to have the quality of consumer as defined by French law and jurisprudence. As such, it is expressly provided that this Customer acts outside any usual or commercial activity. "Delivery": refers to the first presentation of the Products ordered by the Customer to the Delivery address indicated when ordering. "Products": refers to all the Products available on the Site.
Article 2 - Purchase of Products on the site
To be able to buy a Product, the Customer must be at least 18 years old and have legal capacity. The Customer will be asked to provide information enabling him to be identified by completing the form available on the Site. The information that the Customer provides to the Seller when placing an order must be complete, accurate and up to date. The Seller reserves the right to ask the Customer to confirm, by any appropriate means, his identity, his eligibility and the information communicated. Furthermore, sales on the Site are reserved exclusively for mainland France.
Article 3 - Orders or Pre-orders - Prices
3-1 Characteristics of the Products: The Seller undertakes to present the essential characteristics of the Products on the information sheets available on the Site. All the Products sold by the Seller comply with the European legislation in force and the standards applicable in France.
3-2 The products offered for sale are marketed either through orders or through pre-orders. The marketing of the Products according to one or the other of these formulas is specified on the site for each Product. The pre-order system consists, for certain products, of opening up to the marketing of limited series of products, series whose production will only be effectively launched subject to obtaining a minimum number of pre-orders from customers sufficient during the period of opening of pre-orders mentioned on the site. At the end of the pre-order opening period, either the minimum number of pre-orders is reached, and the production of the item is then launched, or the number of pre-orders is not reached, and the marketing is canceled, the Customer then being reimbursed for the totality of the sums paid.
3-3 Ordering or pre-ordering procedure: Orders or pre-orders of Products are placed directly on the Site. To place an order or a pre-order, the Customer must follow the steps described below: The Customer must select the Product (s) of their choice by clicking on the Product (s) concerned and by choosing the desired characteristics and quantities. Once the Product has been selected, the Product is placed in the Customer's basket. The Customer must then click on the basket and check that the content of his order is correct. If the Customer has not yet done so, he will then be invited to identify himself or to register. Once the Customer has validated the contents of the basket and identified / registered, an online form automatically completed and summarizing the price, applicable taxes, delivery times, shipping costs, will be displayed. Delivery and, where applicable, in terms of pre-orders, the period of opening of pre-orders and the number of pre-orders to be reached. The Customer can then proceed to payment for the Products by following the instructions on the Site and provide all the information necessary for invoicing and Delivery of the Products.
3-4 Once all the steps described above are completed, a page appears on the Site to acknowledge receipt of the Customer's order or pre-order. A copy of the acknowledgment of receipt of the order or pre-order is automatically sent to the Customer by email. At the end of the pre-order period, the Customer will be informed whether or not the minimum pre-order objective has been reached. If the pre-order objective is not reached, the sale will be canceled and the Customer will be reimbursed for the sums paid.
On the other hand, the Customer will receive the original of the invoice on Delivery of the Products, inside the package.
3-5 The date of the order or pre-order is the date on which the Seller acknowledges receipt of the order or pre-order online. The deadlines indicated on the Site do not begin to run until this date (excluding weekends and public holidays).
3-6 For all the Products, the Customer will find on the Site the prices displayed in euros All taxes included (TTC), as well as the applicable Delivery costs. Prices may be changed in the event of special offers or sales. The prices indicated are valid, except for gross error. The applicable price is that indicated on the Site on the date on which the order is placed by the Customer. Any modification of the applicable VAT rate will however be immediately reflected in the transfer price on the date of entry into force of the new rate.
Article 4 - Product availability
All Products are offered within the limits of available stocks. The unavailability of a Product is in principle indicated on the page of the Product concerned. However, if the unavailability was not indicated at the time of the order, the Seller undertakes to inform the Customer without delay. In this case, the Seller may either offer to ship the Product as soon as it becomes available again, or offer an alternative Product of equivalent quality and price, accepted by the Customer. If the Customer decides to cancel his order for an unavailable Product, he will obtain a refund of all sums paid for the unavailable Product within thirty (30) days of payment at the latest.
Article 5 - Terms of payment
Payments are made exclusively by credit card. The Customer's account will be debited as soon as the Products order is placed on the Site. In the event that, for whatever reason, opposition, refusal or other, the transmission of the flow of money owed by the Customer proves impossible, the order will be canceled and the sale automatically terminated.
Article 6 - Retention of title
The Seller reserves, until full payment of the price by the Customer, a right of ownership over the Products sold, allowing him to repossess said Products. On the other hand, the risk of loss and deterioration will be transferred to the Purchaser upon delivery of the Products ordered.
Article 7 - Delivery
7.1 Preparation of an order or pre-order: The deadlines for preparing an order or pre-order and then establishing the invoice, before shipment of the Products in stock are mentioned on the Site. These deadlines are understood to be excluding weekends and public holidays. An electronic message will be automatically sent to the Customer at the time of shipment of the Products, provided that the email address appearing in the registration form is correct.
7.2 Delivery times and costs: During the order or pre-order process, the Seller indicates to the Customer the possible delivery times and formulas for the Products purchased. Shipping costs are calculated according to the delivery method. The amount of these costs will be payable by the Customer in addition to the price of the Products purchased. Details of delivery times and costs are detailed on the Site. The delivery time indicated during the registration of the order is provided only as an indication and is not guaranteed. Consequently, any reasonable delay in the Delivery of the Products cannot give rise to the benefit of the Customer to the award of damages or the cancellation of the order.
However, if after 30 days the announced deadline, the package has still not arrived at its destination, the Customer is entitled to demand a full refund of his order.
7.3 Terms of Delivery: Delivery is made to the address mentioned by the Customer when ordering or pre-ordering. Delivery is deemed to have been made upon delivery of the Products ordered by the carrier to the Customer. Then, the risks of the Products are immediately transferred to the Customer. Upon Delivery, the Customer is required to check the goods. Any reservations he intends to make on the condition of the delivered goods must be mentioned on the Delivery slip (non-conformity of the delivered goods with that ordered, manufacturing defect, transport damage, etc.). In the absence of any mention on the Delivery slip, no complaint will be accepted after receipt of the goods, except in the event of a hidden defect impossible to detect upon receipt of the package. It is recalled that the Customer has a period of three (3) days to notify the carrier of the damage or partial losses noted during the Delivery.
Article 8 - Transfer of ownership - transfer of risk
8-1 Transfer of ownership: The transfer of ownership of the Products, to the benefit of the Customer, will only be carried out after full payment of the price by the latter, regardless of the date of Delivery of said Products.
8-2 Transfer of risks: The risk of loss and deterioration of the Products will be transferred to the Customer upon Delivery of said Products, regardless of the transfer of ownership, regardless of the date of the order and payment thereof. .
Article 9 - Right of withdrawal
9-1 The Customer has a withdrawal period expiring fourteen (14) calendar days after the day on which he or a third party designated by him, has physically taken possession of the Product. To exercise his right of withdrawal, the Customer must notify his decision to withdraw from this contract by means of an unambiguous declaration sent to the Seller by mail to the address: Bourg en Bresse (01000), 5 rue Boulanger or by email to: firstname.lastname@example.org . In order for the withdrawal period to be respected, the Customer must send his communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period. In the event of withdrawal from the Customer, the Seller undertakes to reimburse all sums paid, including the costs of Delivery without undue delay and, in any event, no later than fourteen (14) days from from the day the Seller is informed of the Customer's desire to withdraw. The Seller may however defer the reimbursement until receipt of the goods subject to the withdrawal. The Customer must in fact, without undue delay and, in any event, no later than fourteen (14) days after communication of his decision to withdraw from this contract, return the goods to the Seller. The Customer will have to bear the direct costs of returning the goods.
9-2 Condition of the returned item - limits: The Product must be returned in accordance with the Seller's instructions and include in particular all the accessories delivered. The Customer must return the new item (intact) accompanied by all possible accessories, instructions for use and documentation.
Article 10 - Responsibility of the Seller - Guarantee
10-1 The Products supplied by the Seller benefit as of right and without additional payment, independently of the right of withdrawal, in accordance with the legal provisions: the legal guarantee of conformity, for the Products apparently defective, damaged or damaged or not corresponding to the order, and the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the delivered products and rendering them unfit for use.
When acting as a legal guarantee of conformity, the consumer has a period of two years from the delivery of the goods to act. He can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 211-9 of the Consumer Code. It is not necessary to provide proof of the existence of the lack of conformity of the good during the 24 months following the delivery of the good. The legal guarantee of conformity applies independently of any commercial guarantee granted. The consumer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code and in this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with in article 1644 of the civil code.
10-2 The Seller's guarantee will however be limited to the replacement or reimbursement of non-conforming Products or those affected by a defect. Any warranty is moreover excluded in the event of: faults and deterioration caused by non-compliance with the safety instructions relating to storage precautions, specified on the packaging, faults and deterioration caused by incorrect use, improper maintenance, use abnormal, lack of monitoring, or by a modification of the product not foreseen or specified by the Seller or the instructions for use.
Article 11 - Personal data
The Seller collects personal data about its Customers on the Site, including through cookies. Customers can disable cookies by following the instructions provided by their browser. The data collected by the Seller is used to process orders placed on the Site, manage the Customer's account, analyze the orders and, if the Customer has chosen this option, send him commercial prospecting letters, newsletters, offers. promotional and / or information on special sales, unless the Customer no longer wishes to receive such communications from the Seller. The Customer's data is kept confidentially by the Seller, for the purposes of the contract, its execution and in compliance with the law. Customers can unsubscribe at any time by clicking on the hypertext link provided for this purpose at the bottom of each offer received by email. In accordance with the law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms, the Customer has the right to access, rectify, oppose (for legitimate reasons) and delete of his personal data. He can exercise this right by sending an e-mail to the address: email@example.com , or by sending a letter to the Seller's address.
Article 12 - Intellectual property
The Seller retains all industrial and intellectual property rights relating to the Products, photos and technical documentation which may not be communicated or executed without his written authorization.
Article 13 - Unpredictability
These General Terms and Conditions of Sale expressly exclude the legal contingency regime provided for in article 1195 of the Civil Code for all Sales of Products from the Seller to the Customer.
Article 14 - Force majeure
The Parties cannot be held responsible if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of article 1218 of the Civil Code .
Article 15 - Customer Service
All correspondence or complaints must be sent either by post to the following address: IOGHI, 5 rue boulanger in Bourg en Bresse (01000), Tel: 06 15 05 88 99, or by email to: firstname.lastname@example.org
Article 16 - Attribution of jurisdiction - Applicable law - Settlement of disputes
These general conditions are subject to French law. In the event of a dispute or complaint, the Customer will first contact the Seller to obtain an amicable solution. The Customer is informed that any consumer can use a consumer mediator free of charge for the amicable resolution of a dispute with a professional. Consumer mediation applies to any national or cross-border dispute between a consumer and a professional in the context of the execution of a contract of sale or provision of services. If you are not satisfied with the response provided by the Seller, you can use the mediation service for consumer disputes by filing your complaint on the “CNPM médiation Consommation” (Consumer Mediator) site. The request cannot be accepted by the consumer mediator if:
1 ° The Customer does not justify having tried, beforehand, to resolve his dispute directly with the Company by a written complaint according to the methods provided;
2 ° The request is manifestly unfounded or abusive;
3 ° The dispute has been previously examined or is under examination by another mediator or by a court;
4 ° The client lodged his request with the mediator within a period of more than one year from the date of his written complaint to the Company.
5 ° The dispute does not fall within its field of competence.
The consumer is informed by the mediator, within three weeks of receiving his file, of the rejection of his mediation request.
In the absence of recourse to mediation, the courts of the jurisdiction of the registered office of the company will be competent. These General Conditions of Sale and the purchase and sale operations resulting from them are governed by French law.