ARTICLE 1: COMPANY IDENTIFICATION
These general conditions of sale are those of TOMAGA INDUSTRIES, a simplified joint-stock company with a capital of 50,000 euros, registered in the Versailles Trade and Companies Register under Siret number 805 137 759 00017 and whose head office is located at 3 Place Saint Louis, 78000 VERSAILLES.
ARTICLE 2: FIELDS OF APPLICATION
These general conditions of sale apply, without restriction or reservation, to all sales made remotely through the Company’s website accessible by the domain name www.tomaga.fr and the national variations of this name. domain, for customers who have their usual residence in the list of countries offered in the E-boutique universe.
Sales made on the Site and governed by these general conditions are exclusively reserved for the taking of orders by clients who are adults who are adults and who act as end consumers and have their habitual residence in the list of countries offered in the E- universe. shop, for delivery to its countries. No delivery will be made by the Company outside these territories for orders subject to these general conditions.
ARTICLE 3: ACCEPTANCE OF CONDITIONS
The Customer necessarily accepts these general conditions of sale by placing an order on the Site. The fact that the Customer ticks the box “I have read and I accept the general conditions of sale” implies their unconditional acceptance, to the exclusion of all other conditions, said conditions being viewable by the Customer at the time where it checks this box. The Company reserves the right to modify or update these general conditions of sale at any time, by posting the modifications concerned online.
The conditions applicable to the ordering of an item by the Customer are those in force on the day of his order.
ARTICLE 4: ORDERING ARTICLES
4.1 Creation of a Customer account
When placing their first order, the Customer must create a customer account on the Site and fill out a form whose mandatory fields to validate their registration are indicated by an asterisk. To open this customer account, the Customer must provide a username (e-mail address) and a password.
4.2 Ordering process
The Customer must follow the various steps specified on the Site. He must first fill his basket with the desired items, identify himself, specify the delivery and billing address, as well as the chosen payment method. The Customer is reminded, before placing the order, of the essential characteristics of the items which are the subject of the order as well as their price. The Customer therefore has the possibility, before confirming his order definitively, to check the details of his order and its total price, and to correct, if necessary, any errors. Once the Customer validates his order, it becomes final and can no longer be canceled or modified.
4.3 Acceptance of the order
Once the order has been definitively validated by the Company, the Customer will receive an order acceptance email summarizing all the information relating to it. Only then will the sales contract be concluded. The company may refuse an order if the payment centers indicated by the Customer refuse their agreement to the transaction. The Company also reserves the right to refuse orders for any other reason, in particular in the event of insufficient stocks, orders of excessive items, an existing dispute with the Customer or total or partial non-payment of an order. previous Customer.
4.4 Customer responsibility
The information transmitted by the Customer when placing his order is binding on the latter. All the information required on the page before validating the Order must be filled in with precision and accuracy. The Company cannot be held responsible for late delivery due to an error in the delivery address or telephone number. Any possible additional costs or costs linked to complications or delays in delivery will therefore be added to the invoice for the Order.
In the event of a Customer’s error concerning any information he provides, he will be held responsible for any resulting consequences, in particular in the event of loss of items ordered. It is also the Customer’s responsibility to check and determine the full capacity to receive the Products and in particular to ensure that the Product ordered can be delivered to his address without incident. It is therefore his responsibility to check the dimensions of the rooms of the passages, stairs and other doors and to ensure that the delivery can be made without further specifications.
ARTICLE 5: INFORMATION RELATING TO ARTICLES
5.1 Description of items
Each of the items offered for sale on the Site is the subject of a product presentation. Although the photographs and other reproductions represent the articles on the Site, within the limits of the technique and in compliance with market standards, they cannot constitute a perfect representation of the articles. It follows that only a substantial difference between these and the articles – relating for example to the shape, the size or the color – can engage the responsibility of the Company.
5.2 Availability of items
The offers of articles are only valid if they are offered on the Site and within the limit of stocks available on the day the Customer places his order. In case of unavailability of an item after placing the order, the Customer will be informed by email. This letter will inform the Customer, if applicable, of the date of availability of the item. The unavailability of one or more items does not affect the rest of the order. If the item is permanently unavailable or if the Customer does not wish to wait for the item’s availability date, the price corresponding to this item will be refunded within 30 days of the date of payment by the Customer.
ARTICLE 6: PRICE OF ITEMS
The prices of the items displayed on the Site are indicated in Euros and are understood to include all taxes (TTC), excluding delivery costs. The delivery costs are indicated to the Customer as and when the items are chosen and the delivery method. The total amount is indicated to the Customer at the end of the ordering process before final confirmation of his order. The Company may modify the prices at any time, but the price invoiced to the Customer is that in force at the time the order is placed, subject to the availability of the items on that date. The Customer will receive, upon delivery, for each of the items purchased, written confirmation of the price paid and the delivery costs charged to him.
ARTICLE 7: TERMS OF PAYMENT
7.1 Payment methods
Payment for the Customer’s purchases can be made:
- By credit card: only cards from the Carte Bleue “CB”, Visa and Eurocard / Mastercard networks issued by a banking or financial institution located in the European Union are accepted.
- By Paypal payment service.
- Wire Transfer
If the Customer opts for payment by bank card, he guarantees the Company that he is the holder of the bank card used and that the name appearing on this bank card is his or that he has been authorized to use this bank card by its owner. The Customer provides the number of his bank card, its expiry date and the numbers of the visual cryptogram (or security code) appearing on the front or back of it.
7.2 Payment security
For any payment by bank card, the Company ensures a secure payment system and preserves the confidential nature of the data by the method of encryption of bank details during their transmission.
Sherlock is the only one, through his secure space, to have knowledge of the customer’s banking information. This information does not pass in any way on the site www.tomaga.fr.
In order to fight against Internet fraud, the company Tomaga Industries has chosen to use the 3D Secure system implemented by financial institutions since January 1, 2009.
The principle of this 3D Secure standard is to request additional information, known to the bank and to the cardholder during a transaction. It makes it possible to strengthen the authentication of its customers when making payments on the Internet. This authentication makes it possible to verify that the bank card is indeed used by its legitimate owner.
Concretely, when paying on a merchant site displaying the “MasterCard Secure Code” and “Verified by Visa” logos, a new window appears to request personal information from the payer. This can be the date of birth of the payment card holder or a secret code depending on the Internet user’s bank. Checking this entry makes it possible to verify that the Internet user, in the process of paying, is indeed the person associated with the card used. If you do not yet have your 3D Secure confidential code, we invite you to contact your bank.
This authentication is required and any refusal or error in entering the payer’s personal information will result in the transaction being canceled.
ARTICLE 8: RETENTION OF OWNERSHIP
The Company retains ownership of the items until full payment of their price by the Customer in principal and interest. The payment will be made within reason of the price. In the event of full or partial non-payment of the price, the Company may, without prior notice, claim the item (s) that may have been delivered by the Company to the Customer or to the recipient of the items. The risks relating to the product will be transferred to the Customer from the moment of its delivery.
ARTICLE 9: DELIVERY
9.1 Place of delivery
When entering their order, the customer must first select their country of delivery. In all cases, the place of delivery must be located in the list of countries accessible in the order form of the Site’s E-shop.
Any delivery address located outside these territories will be refused during the ordering process.
The Company reserves the right to refuse to deliver items to hotels, PO boxes, or any other temporary or invalid address.
9.2 Delivery costs and other costs
The delivery costs are those indicated on the Site. Product prices are exclusive of delivery costs (shipping). The amount of delivery costs will be specified before validation of the order.
Delivery costs vary depending on the place of delivery and the product ordered. Additional charges may be added to the Order for any delivery scheduled to an isolated or difficult to access location that requires special attention. The costs which are calculated according to the delivery address will be indicated on the summary page before payment of the Order.
For shipments to Overseas Territories and countries outside the European Union, Tomaga Industries informs the recipient customer that, during the distribution of his shipment, the carrier or the logistics correspondent of the country of destination may request the collection. customs clearance fees and customs duties and local taxes.
It will be the responsibility of the recipient to pay the customs clearance costs and the customs duties and local taxes of the country of destination. The shipment will only be delivered to the recipient after payment by the latter of the costs, duties and taxes.
9.3 Delivery times
The deadline for delivery of items is indicated on the summary page that the Customer must consult before definitively confirming his order. It will be confirmed upon acceptance of the order by the Company.
In the event of late delivery, the Customer must order the Company to make delivery within a reasonable additional time, by registered letter with acknowledgment of receipt or in writing on another durable medium, in accordance with the legal definition, at the following address: TOMAGA INDUSTRIES, 3 Place Saint Louis, 78000 VERSAILLES, France.
If within this period, the Company has not delivered the item (s), the Customer may terminate the sale by registered letter with acknowledgment of receipt or in writing on another durable medium to the aforementioned address. The contract will be considered terminated upon receipt by the Company of the writing informing it of this resolution if the item has not been delivered between the sending and receipt of this writing. The Customer will then be reimbursed at the latest within 14 days of the date on which the contract was terminated.
The delivery time may vary depending on the Products ordered, the quantity of orders and the availability of means of transport.
9.4 Withdrawal of Products in the event of absence
If the recipient is absent during delivery, the carrier will leave a calling card at the delivery address indicated by the Customer. The Products must then be collected or collected at the address and in the manner indicated by the carrier. In the absence of withdrawal within the time limits set by the carrier, the Products will be returned to the Company, which reserves the right to reimburse the price to the Customer, the shipping costs remaining the responsibility of the Customer.
ARTICLE 10: RIGHT OF WITHDRAWAL
10.1 Legal withdrawal period
The Customer has a legal right of withdrawal that he can exercise under the conditions provided for in Articles L. 121-21 et seq. Of the Consumer Code if he meets the conditions of these provisions, without having to justify his decision. nor to pay any costs or penalties, except the direct costs of referral. The legal withdrawal period is 14 days from receipt of the products.
10.2 Company’s refund and return policy
Tomaga Industries intends that those of its customers who are not satisfied with the items ordered can exercise the right of withdrawal provided for in Article L.121-1 of the Consumer Code under the best conditions.
Thus, the customer can return the items delivered within 14 days of the delivery date, in their original packaging, protected and complete (protective boxes, accessories, instructions, pouches, etc.), labeled, new, unused and accompanied. the carefully completed return slip and a copy of the delivery slip, to the following address:
Stock Tomaga Industries
Via Aldo Gramizzi 6,
Q.re Artigianale La Bionda
43036 Fidenza (PR)
Items returned incomplete, spoiled, damaged, deteriorated or soiled by the customer will not be reimbursed.
As this is an electronic sale, no return, exchange or refund of any kind will be accepted and processed either in stores or with the brand’s distributor.
The general reimbursement policy of the Company allows the Customer to withdraw from the sale, without having to justify reasons and without having to pay penalties except for the direct costs of returning the product, for a period of 30 days to from receipt of the items. After this period, the Customer will no longer be able to exercise his right of withdrawal. To exercise his right of withdrawal, the Customer will contact customer service by email: firstname.lastname@example.org, through the online form provided for this purpose or possibly by mail. He must return the articles to the Company no later than 14 days following the communication of his decision to withdraw, in accordance with the aforementioned conditions. The items must be returned in their original packaging, in perfect condition, protected and complete (accessories, instructions, warranty …), not disassembled and the Customer must provide all the information necessary to identify the purchase concerned. Items to be exchanged will only be accepted in new, unused condition.
Any item damaged, incomplete, soiled, or whose original packaging has been damaged will not be taken back or exchanged by the Company. To facilitate the return procedure, the Company attaches a transport return label to each order. The Company will endeavor to respond to emails within five working days of receipt. Customer service will then contact the Customer to organize the return of the Product and explain all the terms.
The Customer must provide proof of the return of the items to obtain their reimbursement. To do so, the Customer must return the items by any means giving a certain date. The reimbursement includes the price of the items and the delivery costs apart from the additional costs caused by a delivery method chosen by the Customer which would be more expensive than the standard delivery method offered by the Company. The reimbursement of these sums will be made no later than 14 days following the date on which the Company was informed by the Client of its desire to withdraw, provided that the bank details necessary for the reimbursement have been provided to the Company. Depending on the processing times of the Client’s bank, it may take up to 15 working days to make a refund to the Client’s credit card. This delay varies among card issuers and the Company is unable to expedite this process.
ARTICLE 11: COMPLIANCE – GUARANTEE – RESPONSIBILITY
The Company is bound by the following guarantees, to the exclusion of all other guarantees:
legal guarantee of conformity: the Company will deliver to the Customer a good in conformity with the contract and free from defects of conformity at the time of delivery, in the sense that the good will be fit for the use usually expected of a similar good and that it will present the characteristics presented to them of the order and its acceptance. This guarantee will only apply if the Customer requests it within two years from delivery by contacting Customer Service by email at email@example.com. within 6 months of delivery are presumed to exist at the time of delivery, unless proven otherwise.
legal guarantee against hidden defects: the Company will deliver to the customer a good free of hidden defects which would make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have given only a lower price, if he had known them. This guarantee will only apply on the condition that the Customer requests it within two years of discovery of the defect by contacting Customer Service by email at firstname.lastname@example.org.
In all cases, it will be up to the Customer to prove that he fulfills the conditions of the guarantee. The responsibility of the Company is excluded for damages which are not the direct consequence of a fault of the Company and in particular in the event of force majeure, as defined by the French jurisdictions, in the event of fault of the Customer or due to ‘an unforeseeable and insurmountable fact of a third party to the contract. The Company’s obligations and guarantees will be suspended for the duration of any event of force majeure, as defined by case law.
ARTICLE 12: CUSTOMER RELATIONSHIP SERVICE
For any question related to navigation on the Site, order taking, customer account, information on offers and items on the Site, order tracking, requests for returns and refunds of items, the Customer can contact customer service by email at email@example.com.
ARTICLE 13: INTELLECTUAL PROPERTY RIGHTS
The Company owns all of the copyright to the content of the Site. Its brands, logos, domain names, downloadable documents, photographic and audiovisual representations and all related distinctive signs are considered works of the mind over which the Company holds all intellectual and commercial property rights.
In accordance with the provisions of the Intellectual Property Code and international treaties and agreements, any reproduction, disclosure, distribution, representation, translation, dissemination, modification, transcription, partial or total, whatever the medium and whatever the process used is formally prohibited without the express authorization of the Company. The documents may only be copied for information purposes, the copy being reserved for private use only.
With the exception of the circumstances referred to above, any other reproduction and / or representation of the Site must be subject to express prior authorization from the Company. To this end, any request for authorization must be sent to the following address: TOMAGA INDUSTRIES, 3 place Saint Louis, 78000 VERSAILLES – France.
In addition, all of the brands mentioned on the Site are registered and therefore protected brands. Any use of these trademarks may not be made without the prior, express and written consent of their owner, under penalty of infringement. Furthermore, except with the express written consent of the Company, the user is not authorized to place on his own website a hypertext link pointing to the Site and / or to the pages it contains. All authorization requests should be sent to the following address: TOMAGA INDUSTRIES, 3 place Saint Louis, 78000 VERSAILLES – France.
ARTICLE 14: PROTECTION OF PERSONAL DATA
Personal information, such as last name, first name, email address, telephone number, delivery address, billing address and credit card number, provided by the Customer are essential for the processing and delivery of orders, preparation of invoices and warranty contracts. Failure to provide such information results in the cancellation of the order. By registering on the Site, the Customer undertakes to provide the Company with sincere and true information concerning him.
The Company undertakes not to communicate, assign or transfer information about its customers to third parties for their own processing, without the Customer having given their express consent. However, the Company may be required to transmit the Client’s personal information to a fraud prevention agency in order to carry out banking security checks.
Personal data may be transmitted to third parties, without the prior consent of the customer, if the communication is legally obligatory or necessary (for example, at the request of the police, the judiciary or other competent bodies).
In accordance with the Data Protection Act of January 6, 1978, the collection and processing of personal data has been declared to the National Commission for Computing and Liberties (CNIL) under the registration number 1503539.
The Customer has the right to access, rectify and oppose all data concerning him entered on the Site by making his request and justifying his identity at the following address: TOMAGA INDUSTRIES, 3 place Saint Louis , 78000 VERSAILLES – France.
The Customer may modify his personal information at any time by going to the Site, in the “access my account” section and by identifying himself with his email address and password.
The Customer accepts, by his purchase, to receive promotional emails from the Company. He may also receive such letters from partners of the Company, if he has accepted it. The Customer may request to no longer receive such emails from the Company at any time by clicking on the link provided for this purpose and inserted at the footer of each of the letters received.
ARTICLE 15: NON WAIVER
The fact that the Company refrains from requiring at any given time the performance of any of the provisions of these general conditions of sale cannot be interpreted as a waiver of subsequent invocation of said total or partial non-performance.
ARTICLE 16: VALIDITY OF THE GENERAL CONDITIONS OF SALE
If any of the provisions of these general conditions of sale is declared void in whole or in part, the other provisions and the other rights and obligations arising from these general conditions of sale shall remain unchanged and shall remain applicable.
ARTICLE 17: DISPUTES – APPLICABLE LAW
These general conditions of sale are subject to French law. In the event of any difficulty arising during the ordering or delivery of items sold on the Site, the Customer will first contact the Company to seek an amicable solution. Otherwise, the French courts have sole jurisdiction.