Terms and Conditions
Article 1 PRELIMINARIES
The present conditions are concluded between, on one hand, the company PEARL DESIGN FRANCE registered at the RCS Nanterre under the number B453 739 294 , suite 106 Boulevard Sébastopol, under the name Tahizea, and, on the other hand, the persons wishing to do a purchase via the Internet website of Tahizea: www.tahizea.com named "consumer" below or "client."
1-1 Legibility :
The consumer declares to have full legal capacity allowing him the commitment to the present general conditions of sale.
1-2 Mutual obligations:
The general conditions of sale express the entire obligations and rights of the two parties.
Tahizea commits to respect all relative arrangements of the online Code of the consumer.
While choosing to buy the products, the consumer is supposed to have accepted the following without reserves on the terms stated.
1-3 Application of the general sales conditions:
The consumer has the back-up faculty of editing the present general conditions, the general conditions being specified in the edition of this document is a matter only of his own responsibility, these conditions being susceptible to be modified by Tahizea. In this case, the applicable conditions will be those in force on the website at the time of the validation of the order by the consumer.
1-4 Applicable rights:
The regulation applied to the sales proposal is the one of the distance selling in force in France to date, of which Tahizea reminds to the consumer the main terms below.
Article 2 THE ORDER:
2-1 Mutual obligations:
By the consumer:
Tahizea will not be held responsible of possible mistakes of keyboarding and of the consequences that would follow, notably in term of delay and /or of delivery mistake. In this hypothesis, all expenses for the new shipment will be at the consumer’s cost.
By the dealer:
Tahizea commits to inform the consumer of all changes that took place in his order to let him the decision to modify his/her order consequently.
2-2 Conditions prior to all order:
The consumer accepts that he/she is perfectly informed that the agreement concerning the content of the present general conditions of sale does not require a handwritten signature, insofar as the consumer orders online the products being presented.
The order cannot be recorded on the website if the user is not clearly identified either:
- By the entry of his client code that is strictly personal to him.
- By completing the online order form allowing him to get the assigned customer number that will be transmitted to him by our client service following the first order.
2-3 The order registration:
In order to allow the consumer to come back on his order before validating it definitely, Tahizea created screens of validation and acceptance.
Payment by Credit card:
The order will be recorded definitely only after the validation of the last summary screen of the order to know the acceptance of the transaction by the online payment module foreseen to this effect. This last "click" is assimilated to the handwritten signature specified in the article 1134 of the French civil code, below named the "click of acceptance". From the "click of acceptance" indicated above, the order is considered like irrevocable and cannot be cancelled without any reason that is in the cases restrictively anticipated here after.
All order paid by check will only be cashed in by the means of an accompanied payment formula of the order duly printed by the consumer.
2-4 Confirmation of the order:
The contractual information will be the subject of a confirmation by electronic way. It is foreseen, from the previous registration order, the sending of an email.
While keeping this mail and/or printing it, the consumer detains a proof of his order that Tahizea recommends to keep until the final outcome of his order, or even until the end of the period of guarantee of the delivered products.
This email confirms that the consumer's order was processed by Tahizea and not that the ordered product is available.
2-5 Availability of the products / Non-performance of the order:
Tahizea will not be held responsible of the non performance of the contract concluded in case of absolute impossibility to deliver ,because of a rupture of stock or the unavailability of the product, of disruption, of total or partial strike notably of the postal and middle services of transportation and / or communication, flooding, fire.
Tahizea won't incur any responsibility for all indirect damages because of the present, losses of exploitation, loss of profit, loss of chances, damages or expenses that could occur because of the purchase of the products.
In case of unavailability of the ordered product, notably because of the suppliers and / or the manufacturers, the consumer will be informed at the earliest and will have the possibility to modify or to cancel his order. The consumer will be able to ask within 30 days following the cancel date of the order, either the refund of the payment, or if the case arises, an exchange of products that are featured at equivalent prices, with agreement from Tahizea.
Article 3: The product
3-1 Mutual obligations:
By the consumer:
The impossibility to use the product notably due to an allergy or because of the non conformity of the pictures inserted in the presentation of the offer, cannot lead to any compensation, refund or hold responsible Tahizea, the consumer being warned at the time of his purchase.
By the dealer:
On the occasion of a delay in the availability of the product, Tahizea will inform the consumer of the new dates in force. In case of an extended unavailability of a product, Tahizea will offer to the consumer an equivalent substitution product or if not, the cancellation of this product and his refund if the case arises.
3-2 Pre contract information:
In accordance with arrangements of the Code of the consumption, Tahizea makes available for its clientele all information prior to the contract and before the sale and notably the essential features of the product that she wishes to buy.
The product file mentions its availability. The consumer is supposed to know it at the time of the registration of his order.
The prices of the products are indicated including tax in Euros withought the shipping cost. The delivery cost indicated on the summary of the order, are at the customer expense.
All charges of the VAT rate will be added automatically on the price of the products.
3-5 Transfer of property:
Tahizea keeps full and whole property of the products sold until complete payment of all amounts due by the consumer for the orders’ expenses and taxes.
To simply hand a written receipt does not constitute a payment. The above arrangements do not exempt the consumer to know the risks of loss or deterioration.
Article 4: Payment of the order:
4-1 Method of payment:
The accepted methods of payment are bank card, transfer payments and checks. The invoice of the product will be inserted in the package containing the ordered product. The consumer's account will only be debited of the amount of the ordered products that are sent.
In the case of a check payment by consumers living in France, this one must be issued by a bank domiciled exclusively in France.
All order paid by checks or transfer payments will only be treated upon receipt of the payment; the delays of availability, like the shipment for example, will be calculated again from the record date of the means of payment.
4-2 The entire payment:
The entire payment must be paid at the time of the order except for specific offer indicated on the website. At no time the sums of money received will be considered like a deposit or a down payment.
Tahizea reserves the right not to do a delivery in case of partial payment of the order, in case of existing payment litigation with the consumer or in case of the failing of the payment of the previous orders.
4-3 Mutual obligations:
By the consumer:
The consumer is presumed to be legitimatly entitled by the means of payment that he uses. He guarantees that he has all necessary authorizations to use the method of payment that he chooses at the time of the validation of the order form.
By the dealer:
In case of refusal of authorization of payment on behalf of the financial organisms, Tahizea reserves the right to suspend all treatments of order or delivery.
4-4: Security of the transactions:
In order to optimize the transactions by bank card on Internet Tahizea puts at the disposal of its customers a secured module of transactions accepted by the Credit Mutuel Banking Corporation and by Paypal for “paypal” payments.
No banking information is given to Tahizea.
Article 5: intra-community VAT: Sales Tax
5-1 General Points:
All residents of the European Union will pay the selling prices inclusive of tax of the articles indicated on the Tahizea website and the supplementary shipping costs for the transporting of the package.
5-2 The consumer is a non subject to the VAT:
If the consumer is an individual or a non subject to the VAT sales tax, he/she should pay the prices TTC inclusive of tax indicated on the Tahizea website (participation to the shipping costs included).
5-3 the consumer is subject to the VAT: sales tax
If the consumer is subject to the VAT, (non French companies of the European Union) he/she should return the invoice to Tahizea accompanied with the letter-head of his/her company mentioning the intra-community VAT number of the company.
Upon receipt of this justification document, Tahizea will proceed to the regularization of this invoice by sending of a check of the amount of the VAT corresponding to the products billed.
All consumer wanting to benefit from a purchase exempt of VAT must possess a valid intra-community VAT number and must specify a delivery and billing address in a State or country part of the European union.
Article 6: Delivery of the order.
6-1 Responsibility and Shipping costs.
The ordered products will be delivered at the address indicated by the consumer. Tahizea entrusts the transport by the Post office that guarantees the good routing of the products. The risks of transportation are at the charge of the consumer, from the exit of the product from the warehouse.
The shipping expenses are at the charge of the consumer except in the case foreseen in article 7 (right of retraction).
6-2 Delivery terms.
Except in case of absolute necessity, the delivery terms will be, in the limit of stocks at hand, following those indicated below. The delivery starts from the record date of the order.
Metropolitan France: minimum delay of 72 hours can go up to 96 hours.
Outside of Metropolitan France, in the European Union territory and outside the European Union territory: minimum delay of one week can go up to 2 weeks.
All delay of delivery must be duly notified by the consumer by contacting the Tahizea client service.
In case of delay, the responsibility of Tahizea won't be able to be undertaken and that, for whatever reason. Therefore, any demand of compensation, of any nature, will not be able to be claimed by the consumer of Tahizea.
6-3 Geographical zone of delivery.
The products put up for sale by Tahizea are delivered worldwide.
By the consumer:
In the absence of a claim within three workdays from the receipt of the package the products will be considered satisfying and accepted by the consumer.
By the dealer:
Tahizea will make every effort to regularize any problem met by the consumer as soon as possible. In this precise case, and insofar as the mistake comes from its services, Tahizea will take in charge the return of these products by the mode of transportation of its choice.
Reserves of use.
The consumer has the legal and contractual obligation to verify the physical state of the content of the packets at the delivery in presence of the carrier.
All defects concerning the delivery should be indicated imperatively on the issued voucher of the carrier under the shape of detailed handwritten reserves, dated, explicit and accompanied by the consumer's signature.
Verification of the products.
The consumer is has to verify the condition of the package and the conformity of the delivered product.
All complaint on the defects or on the non conformity of the delivered product should be reported by the consumer within the three workdays from the date of receipt of the product by the customer and according to the following terms:
-First by calling the client service at +(689) 40 500 590 (Monday to Friday from 9AM to 5PM)
-Then by sending a registered letter with acknowledgment of reception to PEARL DESIGN, P.O. Box 543,98713 – PAPEETE - TAHITI, French Polynesia giving the reasons of non conformity.
The consumer can also indicate his/her complaints by email on the Tahizea website or at the following address: Tahizea.com">sav@Tahizea.com.
Fault / despoiling:
In the case of a delivery done by the Post office, if the package arrives opened and/or damaged (notably with the presence of the yellow Post Office tape) and that it is accepted at delivery and accompanied by handwritten reserves, it is absolutely necessary that the consumer establish a summary of faults by the carrier or by the post office of which he depends.
This form should be addressed to Tahizea so that this last can open an investigation and start a procedure of indemnification if the case arises.
In case of refusal of this merchandise at delivery and in addition of the handwritten reserves to give out, the consumer should ask the carrier for the return of this package accompanied by a “despoiling report” (report 170) to Tahizea and to keep a copy of this form if the case arises.
Before any return of the product to Tahizea, the consumer should contact Tahizea imperatively by calling the +(689) 40 500 590 in order to get an authorization return number to affix clearly on the returned package’s product. All products sent back without number will be refused and returned to the sender.
All return should be sent to the following address: PEARL DESIGN, P.O. Box 543,98713 – PAPEETE - TAHITI, French Polynesia with the reasons of non conformity specified.
Article 7: Guarantee and after-sales service:
In any case, the consumer benefits from the guarantee against the defects: so, in case of a manufacture defect of the product that makes it unfitting to use, the consumer can call the Tahizea after-sales service as well as sending a registered letter with acknowledgment of reception to PEARL DESIGN, P.O. Box 543,98713 – PAPEETE - TAHITI, French Polynesia specifying the defect.
The consumer can also send his complaints by Email on the Tahizea website or to the following address: sav@Tahizea.com. In case of a stock shortage and the impossibility by the supplier to repair the product, Tahizea will suggest to the customer a similar product, or if not possible, the refund of the initial product.
Tahizea reminds its clientele that the treatment of an After Sales Service (SAV) can take on average between 1 and 2 weeks for Metropolitan France.
For the European Union the treatment can take on average between 1 and 3 weeks.
Article 8: Right of withdrawal:
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 can return to Tahizea at his/her expense the products that do not satisfy him/her.
8-2 Obligations of the consumer:
All products being the subject of a withdrawal on behalf of the consumer should be returned to Tahizea in a new and clean condition for the resale.
All products that would have been damaged, incomplete or whose original packaging would either be damaged or missing will not be refunded nor exchanged.
8-3 Obligations of the dealer:
In case of exercise of the withdrawal right, Tahizea will refund the consumer within 15 days following the receipt of the return.
The consumer will be refunded then by a system of re-credit (secured transaction) in case of payment by bank card or by check in any other cases.
All return should be previously approved by the Tahizea clientele service. The consumer should contact Tahizea imperatively by calling the +(689) 40 500 590 or by Email in order to get an authorization return number to affix clearly on the return package’s product. All products sent back without this number will be refused and returned to the sender.
All return should be sent back to the following address: PEARL DESIGN, P.O. Box 543,98713 – PAPEETE - TAHITI, French Polynesia and respect the article 7-1 of the present clause.
Article 9 Force Majeure:
The parties can free themselves from their mutual obligations in the case of force majeure circumstances including, but without being limited to, natural disasters, fires, internal or external strikes, default or internal or external breakdowns, and in a general manner all events not allowing the good execution of the above.
The party concerned by such circumstances will inform the other within ten workdays according to the date to which it will have had knowledge of it.
The two parties will get together within one month to examine the impact of the event and to agree on the conditions in which the execution of the contract terms will be pursued.
Article 10 Data processing and liberties, nominative data:
In application of law n° 78-17 of January 6th 1978 relative to the data processing, to the files and to the liberties, the information that are asked to the customer are necessary for the process of his/her order and are destined to the services of Tahizea. The customer has an access right on the information that concerns him/her. On demand they can be communicated to him/her and, in case of mistake or modification, and be rectified.
The consumer is informed that the automated treatment of the information, notably the management of the Email addresses of the users, was subject of a declaration to the CNIL under the number 1031481.
By this declaration, Tahizea committed not to communicate the information to a third party.
Article 11 Intellectual Property:
All elements of the Tahizea website, that are visual or sound, including the underlying technology and the present, are protected by copyrights and trademarks. They are the exclusive property of Tahizea.
The consumer, who has an Internet website with a personal title and who wants to put, for a personal use on his website, a link sending back directly to the homepage of the Tahizea website, must inevitably ask for a previous authorization from Tahizea.
It will not be necessary in the case of an implicit convention of affiliation.
On the other hand, all hypertext links sending back to the Tahizea website and using the framing or inline style technique, is strictly forbidden.
In any case, all links, even tacitly authorized, should be removed by a simple demand from Tahizea.
Article 12 Wholeness:
The present general conditions and the pertaining categories represent the full rights and obligations of the parties concerning the orders of products on the Internet.
No general or specific condition communicated by the customer will be able to integrate the present general conditions of sale.
Article 13 Dispute:
In case of relative difficulty to the interpretation or to the application of the present terms of sale, the parties will try to solve their dispute by amicable agreement as far as possible.