Terms and conditions
Article 1 - PREAMBLE
These conditions are concluded between, on the one hand, the company EURL Miss Tahiti Nui whose head office is located at Papeete Avenue Georges Clémenceau - 98718 Tahiti - French Polynesia registered with the RCS of Papeete under number 10127B, number TAHITI 944405 ci- hereinafter referred to as "The Seller", and, on the other hand, persons wishing to make a purchase via the MISS TAHITI website: misstahiticosmetics.com hereinafter referred to as "The consumer" or "The customer".
The consumer declares to have full legal capacity allowing him to commit himself under these general conditions of sale.
1-2 Reciprocal obligations:
The general conditions of sale express all the obligations and rights of both parties.
The Seller undertakes to comply with all the provisions of the Consumer Code relating to distance selling.
By choosing to purchase the products, the consumer is deemed to have accepted without reservation the terms set out below.
1-3 Application of the general conditions of sale:
The consumer has the option of saving or editing these general conditions, it being specified that both the saving and the editing of this document are his sole responsibility, these said conditions being liable to be modified by the Seller. In this case, the applicable conditions will be those in force on the site during the validation of the order by the consumer.
Article 2 - THE ORDER
2-1 Reciprocal obligations:
From the consumer: The Seller cannot be held responsible for any data entry errors and the consequences which may result therefrom, in particular in terms of delay and / or delivery error. In this case, all costs incurred for the return will be borne by the consumer.
From the seller: The Seller agrees to inform the consumer of any change in his order in order to leave him the decision to modify his order accordingly.
2-2 Prerequisites for any order:
The consumer acknowledges being fully informed of the fact that his agreement regarding the content of these general conditions of sale does not require a handwritten signature, insofar as the consumer orders the products presented therein online.
2-3 Registration of the order:
The order will only be definitively recorded upon validation of the order summary, namely acceptance of the transaction by the online payment module provided for this purpose. From the "acceptance click" indicated above, the order is considered irrevocable and can only be called into question in the cases exhaustively provided for below.
2-4 Confirmation of the order:
Contractual information will be confirmed electronically. It is planned, from the registration of the order placed, to send an email.
By keeping this email and / or printing it, the consumer has proof of his order that the Seller recommends that he keep until the final resolution of his order, or even until the end of the product warranty period. books.
2-5 Failure to complete the order:
The Seller cannot be held responsible for the non-performance of the contract concluded in the event of force majeure, disruption, total or partial strike including postal services and means of transport and / or communication, floods, fire.
Article 3: THE PRODUCT
3-1 Reciprocal obligations:
From the consumer: The inability to use the product, in particular due to allergy, or its exact non-compliance with the photographs included in the presentation of the offer, cannot give rise to any compensation, reimbursement or questioning of the responsibility of the Seller, the consumer being warned beforehand during his purchase.
From the seller: As part of a postponement of product availability, the Seller will inform the consumer of the new dates in force. In the event of prolonged unavailability of a product, the Seller will offer the consumer an equivalent substitute product or failing that, the cancellation of this product and its refund, if applicable.
3-2 Pre-contractual information:
In accordance with the provisions of the Consumer Code, the Seller makes available to his kind customers all the pre-contractual information prior to the sale and in particular the essential characteristics of the product that he wishes to buy.
The product sheet mentions its availability. The consumer is deemed to have read it when registering his order.
The prices of the products are indicated in Pacific Francs (XPF) including tax, excluding shipping costs. The shipping costs indicated on the order summary are the responsibility of the customer.
3-5 Transfer of ownership:
The Seller retains full and entire ownership of the products sold until full collection of all sums owed by the consumer within the framework of his order including costs and taxes.
The mere delivery of a payment document does not constitute payment. The above provisions do not prevent the transfer to the consumer of the risk of loss or deterioration.
Article 4: PAYMENT OF THE ORDER
4-1 Method of payment:
The accepted payment methods are credit card and bank transfer. The product invoice will be inserted in the package containing the product ordered. The consumer's account will only be debited for the amount of the products ordered which are actually shipped.
Any order paid by bank transfer will not be processed until payment is received; the availability periods, such as shipping for example, will have to be calculated again from the date of registration of the means of payment.
4-2 Full payment:
Full payment must be made when ordering, except for a specific offer indicated on the site. At no time can the sums collected be considered as a deposit or down payment.
The Seller reserves the right not to make a delivery in the event of partial payment of the order, in the event of an existing payment dispute with the consumer or in the event of failure to fully settle previous orders.
4-3 Reciprocal obligations:
From the consumer: The consumer is presumed to be the legitimate holder of the means of payment he uses. He guarantees that he has all the necessary authorizations to use the payment method he chooses when validating the order form.
From the seller: In the event of refusal of payment authorization by financial organizations, the Seller reserves the right to suspend any order management or any delivery.
4-4: Security of transactions:
Transaction security is provided by Payzen by OSB for payments by credit card.
No bank details are sent to the Seller
Article 5: DELIVERY OF THE ORDER
5-1 Responsibility and shipping costs:
The products ordered will be delivered to the address indicated by the consumer which, for reasons of convenience, may be different from the billing address. It is the Seller's delivery service which guarantees the correct delivery of the products to the island of Tahiti.
For shipments to the islands, the Seller will deliver the products to sea freight. The informed consumer will have to collect his merchandise at the cargo dock upon arrival.
All transport costs are the responsibility of the consumer and calculated according to the delivery address. The delivery may be “free”, therefore free, depending on the amount of the order under the special conditions indicated when entering the order.
5-2 Geographical area of delivery:
The products offered for sale by the Seller are delivered to all the islands of French Polynesia, and to the whole world.
From the consumer: In the absence of a complaint made within three working days of receipt of the package (s), the products will be deemed to conform and accepted by the consumer.
From the seller: The Seller will do everything in its power to correct the problem encountered by the consumer as soon as possible. In this specific case, and to the extent that the error arises from its services, the Seller will pay for the return of these products by the mode of transport of its choice.
Usage reservations: The consumer has a legal and contractual obligation to check the physical condition and content of the package (s) upon delivery in the presence of the delivery person.
Any anomaly concerning the delivery must imperatively be indicated on the delivery slip of the deliverer in the form of detailed handwritten reservations, dated, explicit and accompanied by the signature of the consumer.
Product verification: The consumer is required to check the condition of the packaging and the conformity of the product delivered.
Any complaint on apparent defects or on non-conformity of the delivered product must be reported by the consumer within three working days from the date of receipt of the product by the customer and according to the following terms.
Before any return of the product to the Seller, the consumer must contact the Seller by calling + (689) 40 45 45 45 in order to specify the reasons for non-compliance.
Article 6: GUARANTEE AND AFTER-SALES SERVICE
In any event, the consumer benefits from the warranty against hidden defects: thus, in the event of a manufacturing defect in the product making it unfit for use, the consumer can contact the Seller's after-sales service
Article 7: RIGHT OF WITHDRAWAL
The Seller grants the consumer a withdrawal period of 7 clear days from the date of delivery of the product.
During this period, the consumer can return to the Seller at his expense the products which do not suit him.
7-2 Obligations of the consumer:
Any product subject to withdrawal by the consumer must be returned to the Seller in new condition and suitable for resale.
Any product that has been damaged, incomplete or whose original packaging is damaged or absent will not be refunded or exchanged.
7-3 Obligations of the seller:
In case of exercise of the right of withdrawal, the Seller will reimburse the consumer within 15 days of receiving the return.
Before any return of product, the consumer must contact the Seller by calling + (689) 40 45 45 45 in order to specify the reasons for his withdrawal and comply with the terms of article 5-4 hereof.
Article 8 - FORCE MAJEURE
The parties can be released from their contractual obligations in the event of force majeure or fortuitous event including, but not limited to, natural disasters, fires, internal or external strike, internal or external failure or breakdowns, and in general any event that does not allow the proper execution of these presents.
The party affected by such circumstances will notify the other within ten working days of the date on which it becomes aware.
The two parties will come together within a month to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued.
Article 9 - DATA PROCESSING AND FREEDOMS, PERSONAL DATA
Pursuant to Law No. 78-17 of January 6, 1978 relating to computers, files and freedoms, the information requested from the customer is necessary for processing his order and is intended for the Seller's services. The customer has a right of access to information concerning him. On request they can be communicated to him and, in the event of an error or modification, be corrected. In addition, the Seller agrees not to communicate personal information to third parties.
Article 10 - INTELLECTUAL PROPERTY
All elements of the Seller's site, whether visual or audio, including the underlying technology and these, are protected by copyright and trademarks. They are the exclusive property of the Seller.
Article 11 - INTEGRALITY
These general conditions and the related sections represent all the rights and obligations of the parties concerning orders for products on the Internet.
No general or specific condition communicated by the customer can be incorporated into these general conditions of sale.
Article 12 - LITIGATION
In the event of difficulty relating to the interpretation or application of these conditions of sale, the parties will try as far as possible to resolve their dispute amicably.
In the event of failure of these attempts, any disputes to which these conditions of sale may give rise must be brought, even in the event of multiple defendants or call for a guarantee, before the Court of Papeete, French Polynesia.