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:
The Titamàlà sign (hereafter THE SELLER) is registered in the trade register under the number RCS Fréjus 835 103 672.
Commercial address: 49 rue du Portail Neuf - 83990 Saint-Tropez | Physical store address: 30 rue du Portail Neuf - 83990 Saint-Tropez
Website: www.titamala.com
Email 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.
Nevertheless, we draw the attention of the Customer to the fact that the photographs illustrating our products may differ slightly from reality due to the settings of the Customer's screen and the lighting during the shooting.
Moreover, as these are handcrafted creations, the articles may present irregularities in finishing, differences in size and/or in the color of the stones inherent to this type of manufacturing, which cannot be considered as defects. The responsibility of the company Titamàlà cannot be questioned, and the validity of the order cannot be affected.
The photographs, graphics and descriptions of the products offered for sale are only indicative and do not commit the company Titamàlà. The customers have the possibility of obtaining additional information by contacting by the Customer service of the company Titamàlà
Product warranty:
The provisions of the present cannot deprive the consumer of the legal guarantee which obliges the professional salesman to guarantee it against all the consequences of hidden defects of the sold thing.
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 a good by defect of the product, only the responsibility of the company Titamàlà could be sought by the consumer, on the basis of information appearing on the packing of the aforementioned product or any other support provided.
Rights of use
The use of the Titamàlà brand and all its products on any medium is subject to the sole authorization of the company Titamàlà.
All products created by the company Titamàlà are registered at the INPI and protected against copyright.
Prices and taxes:
The prices are displayed in euros all taxes included. They may change. The price paid at the time of the order is the one that is valid in case of dispute.
Customs taxes and formalities are the exclusive responsibility of the Customer, unless otherwise specified. The Customer undertakes to check the possibilities of importing the ordered products in the territory of the country of delivery. The sale is made "Delivered at place" (DAP), which means that the transport to the point of delivery is at the expense and risk of "TITAMÀLÀ". The recipient will be obliged to pay all import or local taxes related to the order.
Ordering:
Order confirmation:
The customer declares to have read and accepted the present General Conditions of Sale before placing his order.
The validation of the customer is thus worth acceptance of these General Conditions of Sale.
After having verified the content of his order, the Customer will confirm it definitively during the payment stage. This confirmation has the value of the conclusion of the contract and therefore has the value of a "digital signature".
Once the contract is 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 provided as an attachment to the e-mail sent to the Client.
However, TITAMÀLÀ reserves the right to cancel or refuse any order from a customer with whom there is a dispute over the payment of a previous order or who presents any form of risk in its eyes.
Proof of transaction:
The computerized registers, kept in the computer systems of the company Titamàlà in reasonable conditions of safety, are regarded as the proofs of the communications, the orders and the payments occurred between the parts.
The archiving of purchase orders and invoices is made on a reliable and durable support that can be produced as evidence.
Payment and Security:
It is reminded that the fact of validating the order implies the obligation of the Customer to pay the price indicated.
The Customer has the possibility to pay for his purchases in different ways.
At the time of payment, the bank requests personal information from the Internet user in order to verify the identity of the cardholder and to validate the transaction. The Customer will have to transmit his bank card number, according to the type of this last one, the expiry date of this one as well as the number cryptogram (number with 3 figures appearing on the back of the bank card). The Customer guarantees to the company Titamàlà, at the time of the validation of its purchase order, that it is in regular situation with regard to 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 guarantee a secure payment as well.
- All shipments are made by carrier or tracking system (UPS, DHL, Colissimo) allowing also the traceability of the shipment, with a tracking number that will be communicated to you by email after shipment.
We do everything possible to guarantee the maximum level of security when sending your products.
Site security:
The site is secured in different ways:
- SSL encryption, guaranteeing maximum security.
- Complete security solution.
- Regular updates
Delivery:
Delivery method:
The delivery will take place within a maximum of 30 days.
The languages available to conclude the contract with the site titamala.com are French and English. In case of difficulty of understanding or conflict between the texts, the French version prevails over the English version.
The products are delivered to the address indicated by the consumer on the order form and only on the geographical zones which we serve.
In case of error of seizure by the customer, in particular of erroneous or incomplete address of delivery, the salesman could not be held responsible for the consequences in terms of delay or impossibility of delivery. All costs related to the reshipment of the products due to an error of seizure of the customer will be the responsibility of the customer.
All products leaving our premises are in perfect condition. The customer must report to the carrier (or the letter carrier) the slightest trace of shock (holes, traces of crushing etc. ..) on the package, and if necessary to refuse the package. A new identical product will then be sent back to you free of charge. In case of unavailability of this product, we will make a refund.
The exchange of any product declared, afterwards, damaged during transport, without any reserve having been issued upon receipt of the package, will not be taken in charge.
As with any shipment, it is possible to experience a delay or for the product to go astray. In such a case, we contact the carrier to start an investigation. Every effort is made, as long as necessary, to find the package. If necessary, the merchant will be reimbursed by the carrier and will deliver a new identical package at his expense.
We decline any responsibility as for the lengthening of the delivery periods because of the conveyor, in particular in the event of loss of the products, of bad weather or strike, or any other reason not related to the Titamàlà company.
Delivery problem due to the carrier:
Any anomaly concerning the delivery (damage, missing product compared to the delivery order, damaged package, broken products ...) must be indicated on the delivery order in the form of "handwritten reserves", accompanied by the signature of the customer.
The consumer will have to confirm this anomaly by sending to the carrier within (2) two working days following the delivery date a registered letter with acknowledgement of receipt exposing the said claims.
The consumer will have to transmit a copy of this mail to the POSTAL ADDRESS OF THE SELLER. Without this report, we do not proceed to any exchange.
Delivery errors:
The consumer will have to formulate near the SELLER, the very same day of the delivery or at the latest the first wrought day following the delivery, any complaint of error of delivery and³ nonconformity of the products in kind or in quality compared to the indications being reproduced on the purchase order.
After this period, all claims will be rejected.
The formulation of this claim to the SELLER may be made at the POSTAL ADDRESS OF THE SELLER.
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 error of delivery or nonconforming 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 MAILING ADDRESS of the company Titamàlà
To be accepted, any return must be reported and have the prior agreement of the company Titamàlà.
The shipping costs are borne by the company Titamàlà, except in the case where it would prove that the product does not correspond to the declaration of origin made by the consumer
Right of withdrawal - Return 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 and following, the consumer has a period of fourteen (14) calendar days to retract and return, at his expense, the products that do not suit him. This period runs from the day of receipt of the consumer's order. Any return will be able to be announced as a preliminary near the customer service of the company Titamàlà. The product must be returned 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 not having been worn, will be accepted. Any product which will have been damaged, or whose original packing will have been deteriorated, will not be refunded, nor taken back, nor exchanged. The products must be accompanied by the purchase invoice, the delivery note and an explanatory letter. The products having been made to measure are not taken back, except in the event of manufacturing defect noted with the reception (photographs with the support).
This right of withdrawal is exercised without penalty, with the exception of the cost of return at the expense of the buyer. In the hypothesis of the exercise of the right of withdrawal, the consumer has the choice to ask either for the refunding of the paid sums, or a credit note.
In case of exercise of the right of withdrawal, the company Titamàlà. will make every effort to refund the consumer within fourteen (14) days after receipt of it.
In the case of a withdrawal concerning the totality of the order, the shipping costs are not refunded to the customer. In the case of an "express" delivery (e.g. Chronopost) only the costs of a "normal" home delivery will be reimbursed to the customer as a token of participation. In the case of a partial cancellation of the order, no reimbursement of the shipping costs will be claimed, this participation being fixed for the whole order.
Force majeure:
Neither party shall have failed to perform its contractual obligations insofar as their performance is delayed, hindered or prevented by a fortuitous event of force majeure. Will be considered as a case of force majeure any fact or irresistible circumstance, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which could not be prevented by these last ones, in spite of all the reasonably possible efforts.
The party affected by such circumstances will notify the other within ten business days of becoming aware of such circumstances.
The two parties will then meet, within a period of three months, except in the event of force majeure, to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued.
If the force majeure event lasts longer than one month, these terms and conditions may be terminated by the injured party.
Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals: the blocking of means of transport, earthquake, fire, storms, flood, lightning, the stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers
No Partial Validation:
If one or more stipulations of the present general conditions are held to be invalid or declared as such in application of a law, a regulation or following a definitive decision of a competent jurisdiction, the other stipulations will keep all their force and their 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:
The present general conditions are subject to French law. This is the case for the rules of substance as well as for the rules of form.
In case of dispute or claim, the consumer will address in priority to 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 online settlement of disputes between consumers and professionals in the European Union, accessible at 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.
Protection of personal data:
In accordance with the law n° 78-17 of January 6, 1978 relating to data processing, the files and freedoms, the treatment of personal information collected on the site was the subject of a declaration near the national commission of data processing and freedoms (declaration 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 the customer service of the company Titamàlà. In any case, the user must remember his name, first name, address and, if necessary, his 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 electronic address of the consumer could be communicated to the aforementioned partners except contrary opinion of this one. Of course, afterwards, the consumer keeps the possibility of refusing such a communication either by expressing his refusal by mail or e-mail.
All the data you give us are for the purpose of processing your orders.
View the Privacy Policy
