Purpose:
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the company Titamàlà to the consumer on the website www.titamala.com. They apply without restriction or reservation to all sales concluded by the company Titamàlà.
General information:
Titamàlà (hereinafter referred to as THE SELLER) is registered under the number RCS Fréjus 835 103 672.
Business address: 49 rue du Portail Neuf - 83990 Saint-Tropez | Physical store address: 30 rue du Portail Neuf - 83990 Saint-Tropez
Website: www.titamala.com
E-mail address is contact@titamala.com
For further information, please consult the legal notice.
Products:
Product information:
Every effort has been made to ensure the accuracy of the information presented on www.titamala.com. Nevertheless, the company Titamàlà is not liable for any consequences, incidents, special damages resulting from electronic transmissions or from the inaccuracy of the information transmitted, even in the event that the company Titamàlà was aware of the possibility of such damages.
We would nevertheless like to draw the customer's attention to the fact that the photographs illustrating our products may differ slightly from reality due to the customer's screen settings and the lighting used when taking the photographs.
Furthermore, as these are handcrafted creations, the items may present irregularities in finish, differences in format and/or stone shades inherent to this type of manufacture, which cannot be considered defects. Titamàlà shall not be held liable for any such irregularities, nor shall the validity of the order be affected.
The photographs, graphics and descriptions of the products offered for sale are indicative only and are not binding on Titamàlà. Customers may obtain further information by contacting Titamàlà's Customer Service Department at the following address
Product warranty:
The provisions hereof shall not deprive the consumer of the legal warranty which obliges the professional seller to guarantee the consumer against all consequences of hidden defects in the item sold.
The consumer is expressly informed that the company Titamàlà is the manufacturer of the products presented in www.titamala.com and that the company Titamàlà is responsible for defective products.
Consequently, in the event of damage caused to a person or property by a product defect, only the responsibility of the Titamàlà company may be sought by the consumer, on the basis of the information appearing on the packaging of the said product or any other support provided.
Rights of use
The use of the Titamàlà brand and all its products on any medium whatsoever is subject to the sole authorization of the Titamàlà company.
All products created by the Titamàlà company are registered with the INPI and protected against copyright.
Prices and taxes:
Prices are in euros and include all taxes. They are subject to change. In the event of a dispute, the price paid at the time of order will prevail.
Customs taxes and formalities are the exclusive responsibility of the Customer, unless otherwise specified. The customer undertakes to check the possibilities of importing the products ordered with regard to the territory of the country of delivery. The sale is made "Delivered at Place" (DAP), which means that transport to the point of delivery is at the risk and expense of "TITAMÀLÀ". The recipient will be obliged to pay any import or local taxes relating to the order.
Ordering:
Order confirmation:
The customer declares that he/she has read and accepted these General Terms and Conditions of Sale before placing his/her order.
Validation by the customer therefore implies acceptance of these General Terms and Conditions of Sale.
After checking the contents of the order, the Customer will confirm it definitively at the payment stage. This confirmation constitutes the conclusion of the contract, and thus a "digital signature".
Once the contract has been concluded, the Company will send the Customer, by e-mail, a summary of the information entered on the order form. The invoice for the order will also be attached to the e-mail sent to the Customer.
Nevertheless, TITAMÀLÀ reserves the right to cancel or refuse any order from a customer with whom there is a dispute relating to the payment of a previous order, or who presents any form of risk to TITAMÀLÀ.
Proof of transaction:
Computerized registers, kept in Titamàlà's computer systems under reasonable security conditions, are considered as proof of communications, orders and payments between the parties.
Purchase orders and invoices are archived on a reliable and durable medium that can be produced as proof.
Payment and security:
It is reminded that the act of validating the order implies the Customer's obligation to pay the price indicated.
Customers can pay for their purchases in different ways.
At the time of payment, the bank requests personal information from the Internet user in order to verify the cardholder's identity and validate the transaction. The customer must provide his/her credit card number, depending on the type of card, its expiry date and the cryptogram number (3-digit number on the back of the credit card). The customer guarantees Titamàlà, when validating the order form, that he/she is in good standing with the issuer of the payment card.
Means accepted:
- Credit card: Visa, MasterCard and American Express
- Bank transfers
- Paypal
Payment security:
- All payments are traceable. BNP Paribas uses the 3D secure system. Paypal and stripes also guarantee payment security.
- all shipments are made by carrier or tracking system (UPS, DHL, Colissimo), which also allows tracking of the shipment, with a tracking number that will be sent to you by email after shipment.
We do our utmost to guarantee you the highest level of security when sending your products.
Site security:
The site is secured in various ways:
- SSL encryption for maximum security.
- Complete security solution.
- Regular updates
Delivery:
Terms of delivery:
Delivery will take place within a maximum of 30 days.
The languages available for contracting with the titamala.com website are French and English. In the event of difficulty of understanding or conflict between the texts, the French version shall prevail over the English version.
Products are delivered to the address indicated by the customer on the order form and only in the geographical areas we serve.
In the event of a data entry error by the customer, in particular an incorrect or incomplete delivery address, the seller cannot be held responsible for the consequences in terms of delay or impossibility of delivery. All costs related to the reshipment of products due to a customer input error will be charged to the customer.
All products leaving our premises are in perfect condition. It is the customer's responsibility to inform the carrier (or letter carrier) of any small traces of impact (holes, crushing marks, etc.) on the parcel, and if necessary to refuse the parcel. A new identical product will then be sent to you free of charge. If this product is unavailable, we will issue a refund.
The exchange of any product declared, after the fact, to have been damaged during transport, without any reservation having been made on receipt of the parcel, will not be accepted.
As with any shipment, it is possible for the product to be delayed or lost. In such a case, we contact the carrier to start an investigation. Every effort is made, for as long as necessary, to find the parcel. If necessary, the merchant will be reimbursed by the carrier and will deliver a new identical parcel at his own expense.
We accept no responsibility for longer delivery times due to the carrier, in particular in the event of loss of products, bad weather or strike, or any other reason unrelated to the Titamàlà company.
Delivery problem due to carrier:
Any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.) must be indicated on the delivery note in the form of "handwritten reservations", accompanied by the customer's signature.
At the same time, the consumer must confirm this anomaly by sending a registered letter with acknowledgement of receipt to the carrier within (2) two working days of the delivery date, setting out the aforementioned complaints.
The consumer must send a copy of this letter to the SELLER'S POSTAL ADDRESS. Without this report, we will not proceed with any exchange.
Delivery errors:
The consumer must submit to the SELLER, on the day of delivery or no later than the first business day following delivery, any claim of error of delivery and / or non-conformity of the products in kind or quality compared to the indications on the order form.
After this period, all claims will be rejected.
The formulation of this claim to the SELLER may be made at the SELLER'S POSTAL ADDRESS.
Any complaint not carried out in the rules defined above and within the time limits could not be taken into account and will release THE SELLER of any responsibility with respect to the consumer.
In case of delivery error or non-conforming product, any product to be exchanged or refunded must be returned to the SELLER as a whole and in its original packaging in perfect condition to the POSTAL ADDRESS of the company Titamàlà
To be accepted, any return must be reported and have the prior approval of the company Titamàlà.
The shipping costs are borne by the company Titamàlà, except in cases where it turns out that the product does not correspond to the declaration of origin made by the consumer.
Right of withdrawal - Returns policy:
The right of withdrawal applies only to natural persons and private customers; professional customers benefiting from a "wholesale" rate cannot avail themselves of it.
In accordance with articles L. 120-20, L221-18 et seq., the consumer has a period of fourteen (14) calendar days to retract and return, at his own expense, any products that do not suit him. This period runs from the day of receipt of the consumer's order. All returns must be notified in advance to Titamàlà's customer service department. The product will have to be turned over to the POSTAL ADDRESS of the company Titamàlà: 49 rue Gambetta - 83990 Saint Tropez
Only products returned in their entirety, in their original packaging, complete and intact, and in perfect condition for resale, and which have not been worn, will be taken back. Any product that has been damaged, or whose original packaging has been damaged, will not be reimbursed, taken back or exchanged. Products must be accompanied by the purchase invoice, the delivery note and an explanatory letter. Custom-made products cannot be returned, except in the event of a manufacturing defect noted on receipt (with supporting photos).
This right of withdrawal is exercised without penalty, with the exception of the cost of returning the goods, which is borne by the purchaser. In the event of exercising the right of withdrawal, the consumer has the choice of requesting either a refund of the sums paid, or a credit note.
In case of exercise of the right of withdrawal, the company Titamàlà. will make every effort to reimburse the consumer within fourteen (14) days after receipt of it.
In the case of a withdrawal concerning the entire order, the customer will not be reimbursed for shipping costs. In the case of an "express" delivery (e.g. Chronopost), only the cost of a "normal" home delivery will be reimbursed to the customer as a token of participation. In the event of partial cancellation of an order, no reimbursement of shipping costs will be made, as these costs are fixed for the entire order.
Force majeure:
Neither party will have failed in its contractual obligations to the extent that their performance is delayed, hindered or prevented by a fortuitous event of force majeure. Force majeure shall be deemed to be any irresistible event or circumstance, external to the parties, unforeseeable, unavoidable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts.
The party affected by such circumstances will notify the other within ten business days of becoming aware of them.
The two parties will then meet within three months, unless this is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which performance of the contract will continue.
If the case of force majeure lasts longer than one month, the present terms and conditions may be terminated by the injured party.
The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually accepted by the jurisprudence of French courts and tribunals: blockage of means of transport, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to customers.
No Partial Validation:
If one or more stipulations of these terms and conditions are held to be invalid or declared as such in application of a law, regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.
No waiver:
The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general terms and conditions of sale shall not be interpreted for the future as a claim to the obligation in question.
Applicable law - Disputes:
These terms and conditions are governed by French law. This applies to both substantive and formal rules.
In the event of a dispute or claim, the consumer should first contact the company Titamàlà to obtain an amicable solution.
The competent courts are the courts of Paris ( France )
The European Commission has set up a platform for the online settlement of disputes between consumers and professionals in the European Union, accessible via the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
For further information, please consult the legal notice.
Personal data protection:
In accordance with the French Data Protection Act no. 78-17 of January 6, 1978, the processing of personal data collected on this site has been declared to the French Data Protection Authority (Commission Nationale de l'Informatique et des Libertés - CNIL).
The user has the right to access, modify, rectify and delete data concerning him/her. To exercise this right, the user must send an e-mail to Titamàlà's customer service department. In any event, the user must state his/her surname, first name, address and, if applicable, user number, and attach a copy of an identity document. This right can also be exercised online.
Titamàlà may communicate personal information to its commercial partners. The User may thus receive commercial offers from third parties. However, we will not pass on such information unless necessary for the proper operation of the www.titamala.com website.
Finally, the consumer's e-mail address may be communicated to the aforementioned partners, unless the consumer requests otherwise. Of course, the consumer retains the option of refusing such communication either by post or e-mail.
All the information you give us is used to process your orders.
Consult our Privacy Policy