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| Article 1 PREAMBLE |
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The following terms and conditions are entered into between, on the one hand, the company PEARL DESIGN FRANCE registered in the Register of Companies of Nanterre under the number B453 739 294, located 106 Boulevard Sébastopol, hereinafter “TAHIZEA” and, on the other hand, any person wishing to make a purchase via the TAHIZEA Internet website: http://www.tahizea.com, hereinafter the "consumer" or "client".
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1-1 Legal ability:
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The consumer declares he has full legal ability to commit himself and be bound by these general sales conditions.
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1-2 Mutual obligations:
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These general sales conditions express the entire obligations and rights of the two parties.
TAHIZEA undertakes to comply with all the provisions of the Consumer Code relating to distance selling.
By choosing to buy the products, the consumer is deemed to have accepted the following terms and conditions without reserve.
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1-3 Application of the general sales conditions:
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The consumer may save or edit these general sales conditions, it being understood that both saving and editing are his sole responsibility, as these terms and conditions may be modified by TAHIZEA from time to time. In that case, the applicable conditions shall be those conditions in force on the site at the time the order is placed and validated by the consumer.
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1-4 Governing law and jurisdiction:
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These terms and conditions are governed by the regulations applicable to distance selling in France today. TAHIZEHA hereafter reminds the consumer of the main terms thereof.
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Article 2 ORDERING:
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2-1 Mutual obligations:
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By the consumer:
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TAHIZEA shall not be held responsible for any typing/entry errors and for the consequences that might result therefrom especially in terms of delays and/or delivery errors. In that case, any re-shipping costs shall be borne by the consumer.
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By the dealer:
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TAHIZEA undertakes to inform the consumer of any change in his order so the consumer may make his decision to modify his order accordingly.
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2-2 Conditions prior to any order:
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The consumer acknowledges being perfectly informed of the fact that his agreement to the content of these general sales conditions do not require any handwritten signature, since the consumer orders products that are presented on line.
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The order can be registered on the site only if the user has clearly identified himself either:
- By entering his personal customer identification code;
- Or by filling out the online order form allowing him to obtain the customer number assigned to him and sent by our customer department following the first order.
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2-3 Order registration:
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In order to allow the consumer to go back to his order before definitively validating it, TAHIZEA has set up validation and acceptance screens.
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Payment by credit card:
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The order will be definitively recorded only upon the validation of the last summary order screen, i.e. the approval of the transaction by the online payment module. This last “click” is deemed similar to the handwritten signature provided for in article 1134 of the French Civil Code, hereinafter the “acceptance click”. After the “acceptance click” mentioned above, the order is deemed irrevocable and may be cancelled only in the restrictive cases specified hereunder.
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Payment by cheque:
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Any order paid by cheque will be processed only after receipt of the cheque along with the order form duly printed by the consumer.
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2-4 Order confirmation:
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The contractual information will be confirmed electronically. Once the order has been placed, an email will be sent to confirm it.
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By saving this mail and/or printing it , the consumer holds a proof of his order. TAHIZEA recommends keeping such proof until the final completion of his order, or even until the end of the warranty period of the delivered products.
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This email confirms that the consumer’s order was processed by TAHIZEA and not that the ordered product is available.
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2-5 Product availability / Non-performance of the order:
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TAHIZEA shall not be held responsible for the non-performance of the agreement in case of force majeure, because of inventory shortage or product unavailability, turmoil, total or partial strike of postal services and of transportation and/or communication means, floods, fire.
TAHIZEA shall be held harmless and indemnified against any indirect damages resulting from these terms and conditions, operating loss, profit loss, opportunity loss, damages or expenses that could arise out of the purchase of the products.
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If the ordered product is unavailable, especially because of suppliers and/or manufacturers, the consumer will be informed thereof and will have the possibility to change or cancel his order. The consumer will then be entitled to request within 30 days of the cancellation date of the order, either the refund of his payment, or else, an exchange for products with equivalent characteristics and prices, with the agreement of TAHIZEA.
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Article 3: The product
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3-1 Mutual obligations:
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By the consumer:
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Any impossibility to use the product especially because of allergy or because of any slight difference with the photographs inserted in the presentation of the offer, may not result in any compensation, refund or claim for TAHIZEA’s responsibility, since the consumer was previously warned at the time of his purchase.
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By the dealer:
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If the product’s availability is postponed, TAHIZEA will inform the consumer of the new applicable dates. If a product remains unavailable for a long time, TAHIZEA will propose to the consumer an equivalent substitute product or otherwise the cancellation of such product order and the refund thereof, as the case may be.
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3-2 Pre-contractual information:
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In accordance with the provisions of the Consumer Code, TAHIZEA puts at the disposal of its clientele any pre-contractual information prior to the sale and especially the essential features of the product that the customer intends to buy.
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3-3 Availability:
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The product form mentions its availability. The consumer is considered to be aware thereof upon placing his order.
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3-4 Pricing:
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Product prices are indicated in Euros, including tax but excluding shipping costs. Shipping costs, indicated in the summary of the order, are at the customer’s expense.
Any change in VAT rate shall automatically be integrated into the product price.
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3-5 Title:
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TAHIZEA keeps full title to the products sold until complete and full payment of any and all amounts owed by the consumer for his order and any fees and taxes related thereto.
The mere issuance of a payment order does not constitute any payment. The above provisions do not prevent the transfer to the consumer of the risks for loss or damage.
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Article 4: Payment of the order:
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4-1 Method of payment:
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Accepted methods of payment are credit cards and cheques. The invoice of the product will be enclosed in the parcel containing the ordered product. The consumer’s account will be debited only of the amount owed for the ordered products that have actually been sent.
In the case of a payment by cheque by consumers residing in France, the cheque must be issued by a bank located in mainland France only.
Any order paid by cheque will be processed only upon receipt of payment. Availability delays, like shipment for example, will be calculated again as from the registration date of the means of payment.
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4-2 Full payment:
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Full payment must be made upon ordering, except for specific offers indicated on the site. At no time any monies received may be considered as a deposit or a down payment.
TAHIZEA reserves the right not to deliver in case of partial payment of the order, in case of litigation about the payment with the consumer or in case of complete failure to pay past orders.
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4-3 Mutual obligations:
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By the consumer:
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The consumer is deemed to be the legitimate owner of the means of payment he uses. He guarantees and represents that he has all necessary authorizations to use the method of payment that he chooses when validating the order form.
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By the dealer:
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If authorization of payment by any financial institution is denied, TAHIZEA reserves the right to suspend any order procedure or any delivery.
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4-4: Security of the transactions:
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In order to optimize transactions by credit card via the Internet, TAHIZEA puts at the disposal of its customers a secured module of transactions approved by the Crédit Mutuel Banking corporation. This module enables to encipher the customer’s credit card number and to send the information to the bank payment hub.
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Article 5: Intra-Community VAT
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5-1 General Points:
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All residents of the European union shall pay sale prices inclusive of tax for the articles indicated on the TAHIZEA website, as well as additional shipping costs for the delivery of the parcel.
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5-2 The consumer is not liable to VAT:
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If the consumer is an individual or a person not liable to VAT, he shall pay the prices inclusive of tax indicated on the TAHIZEA website (including the contribution to the shipping costs).
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5-3 The consumer is liable to VAT
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If the consumer is liable to VAT, (non-French companies of the European union) he shall return the invoice to TAHIZEA enclosing the letter headed stationery of his company mentioning the intra-community VAT number of the company.
Upon receipt of this document in proof, TAHIZEA will proceed to the settlement of the invoice by sending a cheque in the amount of VAT corresponding to the invoiced product(s).
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5-4 Warning:
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Any consumer wishing to benefit from a VAT-free purchase must hold a valid intra-community VAT number and must specify a delivery and invoicing address in a State or country that is part of the European Union.
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Article 6: Order delivery
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6-1 Responsibility and Shipping costs
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The ordered products will be delivered at the address provided by the consumer in the European Union. TAHIZEA designates the French postal service “La Poste” as the carrier, which guarantees the proper carriage and delivery of the products. Transportation risks are the consumer’s responsibility once the product has left our warehouses.
Shipping costs are the consumer’s responsibility except in the case provided for by article 7 (right of withdrawal).
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6-2 Delivery terms
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Except in case of absolute necessity, the delivery terms will be, subject to stock availability, as indicated below. Delivery terms start to run from the registration date of the order.
Mainland France: minimum period of 72 hours, which may increase up to 96 hours.
Outside of mainland France, but within the European Union territory: minimum period of 1 week, which may increase up to 2 weeks.
Any delay in delivery must be duly notified by the consumer by contacting the Tahizea customer department.
In case of delay, TAHIZEA may not be held responsible, for whatever reason. Therefore, no claim for compensation whatsoever may be lodged by the consumer against TAHIZEA.
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6-3 Geographic area of delivery
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The products sold by TAHIZEA are delivered exclusively within the territory of the European Union.
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6-4 Receipt:
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Mutual obligations:
By the consumer:
If no complaint is made by the consumer within three working days, the products will be deemed to meet the requirements of the consumer and be accepted by him.
By the dealer:
TAHIZEA will use its best efforts to solve any problem met by the consumer as soon as possible. In this precise case, and insofar as the mistake involves its own service, TAHIZEA will pay for the return of such products by the mode of transportation of its choice.
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Usual reserves.
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The consumer has the legal and contractual obligation to examine the physical condition of the content of the parcel(s) upon delivery in the presence of the delivery person.
Any defects concerning the delivery should imperatively be reported on the carrier’s delivery slip in the form of detailed handwritten reserves, dated, explicit and signed by the consumer.
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Product inspection.
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The consumer has to check the condition of the packaging and the conformity of the delivered product.
Any complaint on obvious defects or on the non-conformity of the delivered product should be notified by the consumer within three working days following the date of receipt of the product by the customer and according to the following procedure:
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-First by calling the customer service at +33 1 42 78 08 30 (Mondays to Fridays – 09.00AM to 05.00 PM)
- Secondly, by sending a registered letter with acknowledgment of receipt to PEARL DESIGN France, 106 Boulevard de Sébastopol, 75003 PARIS, specifying the reasons why the product does not meet the customer’s expectations.
The consumer may also lodge his complaints by email on the TAHIZEA website or at the following address: sav@tahizea.com
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Fault / theft:
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If the product is delivered by “La Poste”, and if the parcel arrives unpacked or damaged (especially if the yellow adhesive tape “La Poste” is present) and if it is accepted upon delivery with the handwritten reserves, it is absolutely necessary that the consumer have a summary of faults drawn up by the postman or by the post office of delivery.
This form shall be forwarded to TAHIZEA so that it may open an investigation and start an indemnification procedure, as the case may be.
In case of refusal of this merchandise upon delivery and in addition to the handwritten reserves which must be expressed, the consumer should ask the carrier to return the parcel to TAHIZEA, along with a “theft report “ (Form No.170) and keep a copy of this form, as the case may be.
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6-5 Returns:
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Before returning any product to TAHIZEA, the consumer shall imperatively contact TAHIZEA by calling at +33 1 42 78 08 30 in order to get a return authorization number which is to be affixed clearly on the return parcel containing the product. Any returned product without its return number will be refused and returned to the sender.
Any returned product is to be sent to the following address: PEARL DESIGN France, 106 Boulevard de Sébastopol, 75003 PARIS France and shall enclose an explanatory note stating the reasons why the product does not meet the customer’s expectations.
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Article 7: Warranty and after-sales service:
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In any case, the consumer is covered by the warranty against any latent defect. Therefore, if the product has a manufacturer’s defect making it unfit for use, the consumer can contact the TAHIZEA After Sales service by sending a registered letter with acknowledgment of receipt to PEARL DESIGN France, 106 Boulevard de Sébastopol, 75003 PARIS France, and specify what the defect is.
The consumer may also lodge his complaints via email on the TAHIZEA website or at the following address: sav@tahizea.com In case of inventory shortage and impossibility for the manufacturer to repair the product, a similar product will be proposed to the customer; otherwise, if this is not possible, the initial product will be refunded.
TAHIZEA reminds its customers that the processing of a product through the After Sales Service may take on average from 1 to 2 weeks for mainland France.
For the European Union the procedure may last on average from 1 to 3 weeks.
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Article 8: Right of withdrawal:
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8-1 Principle:
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TAHIZEA grants the consumer a delay of withdrawal of 7 clear days from the date of delivery of the product.
During this delay, the consumer may return to TAHIZEA, at his sole expense, the products that do not meet his requirements.
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8-2 Obligations of the consumer:
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Any product being returned under the withdrawal right by the consumer shall be returned to TAHIZEA in a new and clean condition, making it fit for resale.
Any product that has been damaged, is incomplete or whose original packaging is damaged or absent, will not be refunded or exchanged.
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8-3 Obligations of the dealer:
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If the consumer exercises his right of withdrawal, TAHIZEA will refund the consumer within 15 days following the receipt of the return.
The consumer will then be refunded by a re-crediting system (secured transaction) in case of payment by credit card or by cheque in the other cases.
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8-4 Procedure:
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Any return shall previously be approved by the TAHIZEA customer department. The consumer shall imperatively contact TAHIZEA by calling at +33 1 42 78 08 30 in order to get a return authorization number which is to be affixed clearly on the return parcel containing the product. Any returned product without its return number will be refused and returned to the sender.
Any returned product is to be sent to the following address: PEARL DESIGN France, 106 Boulevard de Sébastopol, 75003 PARIS France and shall comply with the provisions of article 7-1 hereof.
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Article 9 Force majeure:
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The parties may hold and indemnify each other against any claim relating to contractual obligations in any instance of force majeure or Act of God, including but not limited to, natural disasters, fires, internal or external strikes, internal or external failures or breakdowns, and, in a general manner, any event that prevents the proper execution of the provisions herein.
The party affected by such circumstances will notify the other within ten working days following the date it becomes aware thereof.
The two parties will contact one another within one month in order to examine the impact of the event and to agree on the conditions under which the execution of the contract terms will be continued.
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Article 10 Data processing and individual liberties, nominative data:
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Pursuant to the French Act No. 78-17 of January 6th, 1978 relating to data processing, files and individual liberties, the information collected from the customer are necessary to the processing of his order and are intended for TAHIZEA’s departments. The customer has an access right to the information concerning him. It may be communicated to him at his request, and, in case of mistake or modification, be rectified.
The consumer is informed that the automated processing of the information, especially the management of users’ email addresses, was declared to CNIL under the number 1031481.
With this declaration, TAHIZEA commits not to disclose any nominative personal data to third parties.
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Article 11 Intellectual Property:
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Any elements of the TAHIZEA website, either visual or sound, including the underlying technology and these terms and conditions, are protected by copyright and trade mark laws. They are the exclusive property of TAHIZEA.
Any consumer who owns a personal website and who would like to place on his website, for personal use, a link pointing directly to TAHIZEA homepage, must obligatorily seek prior authorisation from TAHIZEA.
In that case, this will not constitute any implicit affiliation agreement.
However, any hypertext link pointing to the TAHIZEA website and using the “framing” or “inline style” technique, is strictly prohibited.
In any case, any link, even tacitly authorized, shall be removed upon simple request made by TAHIZEA.
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Article 12 Entire agreement:
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These general sales conditions and the headings relating hereto constitute the entire rights and obligations of the parties, concerning product orders on the Internet.
No general or specific term or condition communicated by the customer may be incorporated herein.
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Article 13 Disputes:
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In case of any difficulty arising from the interpretation or the implementation of these general sales conditions, the parties will endeavour, as far as possible, to settle the dispute amicably.
If such attempts fail, any action arising from these terms and conditions shall be brought, even in case of plurality of defendants or introduction of third parties, before the relevant Courts of Paris.
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