The company TITAMÀLÀ (below the seller) is a website whose registered office is at 30 Rue Portail Neuf 83990 Saint-Tropez. It is entered in the trade register under number RCS 835 103 672 in Fréjus.
Article 1 : OBJECT
These TOS are intended to define the conditions under which the products are marketed by TITAMÀLÀ to the customer.
Article 2 : VALIDATION OF ORDERS AND ELECTRONIC SIGNATURE (law of 13 March 2000 on electronic signature)
Any order for a product appearing in the online store of the site www.titamala.com requires consultation and prior acceptance of these TOS. The click to validate the order implies full acceptance of these TOS.
Article 3 : PRICE
All product prices are indicated in euros all taxes included, excluding shipping costs.
TITAMÀLÀ reserves the right to modify its prices at any time without notice. The products will be invoiced on the basis of the rates in effect at the time of order entry.
The products remain the property of titamala.com until full receipt of the price by the seller. The price is payable in full and in a single payment.
Article 4 : ORDERING AND AVAILABILITY OF PRODUCTS
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 would present in his eyes any form of risk.
The seller agrees to honor orders received on the website within the limits of available stocks of the products.
Article 5 : PAYMENT AND SECURITY
- by credit card: Visa, MasterCard, Carte Bleue
- by PayPal
Your credit card details are encrypted using SSL (Secure Socket Layer) and never pass unencrypted over the network. Payment is made directly to our partners. The seller has no access to these details, and does not keep them on his servers. This is why they are asked again for each new transaction on our site.
Fight against fraud :
TITAMÀLÀ reserves the right to check the validity of the payment, before shipping the order, by any means that the seller deems necessary (in particular the request for identity documents, proof of address, etc.).
Article 6 : DELIVERY AND DEADLINES
TITAMÀLÀ delivers items all over the world.
TITAMÀLÀ ships orders with Colissimo.
Entry error :
In the event of a data entry error, 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 borne by the customer.
The carrier times indicated above are to be taken into account from the departure of the package from our premises. We decline any responsibility for the extension of delivery times due to the carrier, in particular in the event of strike, bad weather, strikes or cases of force majeure. The same applies to cases of internal delay specific to the carrier itself.
Delivery failure :
In the event of a delivery failure attributable to the carrier, TITAMÀLÀ will compensate the entire order to the customer following a confirmation of the return of the order or of loss by the carrier.
Missing or damaged product :
-All products leave our premises in perfect condition. The customer must notify the carrier (or the postman) of the slightest trace of impact (holes, traces of crushing, etc.) on the package, and if necessary refuse the package.
-The customer is also required to report any missing item (upon receipt of the package) to the order that has not previously been reported as absent from it by our services.
-In the event of receipt of a defective product, the customer is required to inform customer service within 2 working days of receipt of this package. After this period, the damage report cannot be accepted.
Article 7 : EXCHANGE, RETURN and REFUND
In accordance with Articles L.120-20, the consumer has a period of fourteen (14) calendar days to return, the products not suitable for him from the day of receipt of the consumer’s order. For any return request, just contact us at email@example.com.
From the moment the exchange procedure is initiated with the customer, the latter has a maximum period of 10 days to return the item.
The consumer has the choice to request either the reimbursement of the sums paid when he exercises his right of withdrawal. The seller will make all possible efforts to reimburse the consumer within thirty days of receiving the return.
Only new products and in perfect condition for resale will be taken back. All non-conforming items cannot be returned. Any product that has been damaged will not be refunded, taken back or exchanged. The product is returned to the customer.
Article 8 : CUSTOMS FEES
The customs fees are the responsibility of the customer, and this in full: customs fees and additional customs clearance fees (processing fees, local taxes). In the event that the customer validates his order and the payment thereof, he accepts any customs and processing fees provided for in certain countries. In the event of a refusal of delivery on the part of the customer, the latter will always remain liable for customs fees, and will be punctured by these in the reimbursement of his order.
Article 9 : MODIFICATION OF THE GENERAL CONDITIONS OF SALE
The seller reserves the right to adapt or modify these general conditions of sale at any time. In the event of modification, the general conditions of sale in force on the day of the order will be applied to each order.
Article 10 : APPLICABLE LAW
These TOS are subject to French law. This is the case for the substantive rules as for the rules of form.
In the event of a dispute or complaint, the consumer must first contact the seller to obtain an amicable solution.
Article 11 : PROTECTION OF PERSONAL DATA
All the data that you entrust to us are in order to be able to process your orders.
By virtue of the law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms, you have with the seller a right of rectification, consultation or modification and deletion of the data you communicated to us. For this, please contact us by email: firstname.lastname@example.org.
Article 12 : USE OF DATA
TITAMÀLÀ uses the collected data for various purposes:
– To provide and ensure the services of the Site
– To notify you of changes to the Site
– To allow you to use the interactive functions of the Site
– To provide customer support
– To collect valuable data or analysis that will allow us to improve the Site
– To control the use of the Site
– To detect, prevent and resolve technical problems
– To keep the customer informed about news, special offers and general information.
Legal basis for processing personal data under the General Data Protection Regulation (GDPR).
Article 13 : DURATION OF DATA RETENTION
User data will not be kept beyond the time strictly necessary for the purposes pursued as set out herein, in accordance with the regulations and applicable laws. In this regard, the data used for prospecting purposes may be kept for a maximum period of 3 years from the closure of the user’s account or the last contact of the prospect concerned. User data is erased when the retention periods expire. However, the data may be archived beyond the durations provided for the needs of research, observation, and prosecution of criminal offenses with the sole aim of allowing, as needed, the provision of these data to judicial authority.
Article 14 : COOKIES
Article 15 : FORCE MAJEURE
Neither party will have failed in its contractual obligations, insofar as their execution will be delayed, hindered or prevented by a fortuitous event of force majeure. Any irresistible fact or circumstance, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, will be considered a case of force majeure.
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 then come together, 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 the performance of the contract will be continued.
If the force majeure event lasts longer than one month, these general conditions may be terminated by the injured party.
Expressly, are considered as cases of force majeure or fortuitous events, in addition to those which are usually retained by the jurisprudence of the French courts and tribunals: blocking of means of transport, earthquake, fires, storms, flood, lightning, shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers.
Article 16 : CUSTOMER SERVICE
For any information or question, customer service can be contacted by email: email@example.com.