General Conditions of Use & Sale

1 – OBJECT

These conditions govern the sales by the company TOA TAHITIAN SURFSCREEN located in PUNAAUIA, sale of fashion products and accessories.

2 – PRICES

The prices of our products are indicated in FRF, DOLLAR or EUROS all taxes included (VAT and other taxes applicable on the day of the order), unless otherwise indicated and excluding processing and shipping costs.

In case of an order to a country other than French Polynesia you are the importer of the product(s) concerned. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums are not under the jurisdiction of the company TOA TAHITIAN SURFSCREEN. They will be at your expense and are your sole responsibility, both in terms of declarations and payments to the authorities and competent bodies of your country. We advise you to inquire about these aspects with your local authorities.

All the orders whatever their origin are payable by CB, VISA, MASTERCARD, via the currency EUROS.

The company TOA TAHITIAN SURFSCREEN reserves the right to change its prices at any time, but the product will be charged on the basis of the rate in effect at the time of validation of the order and subject to availability.

The products remain the property of the company TOA TAHITIAN SURFSCREEN until full payment of the price.

Attention: as soon as you take physical possession of the ordered products, the risks of loss or damage to the products are transferred to you.

3 – ORDERS

You can place an order :

Detail the modalities chosen, for example :

The contractual information is presented in French language and will be the subject of a confirmation at the latest at the time of the validation of your order.

TOA TAHITIAN SURFSCREEN reserves the right not to record a payment, and not to confirm an order for any reason whatsoever, especially in case of supply problems, or in case of difficulty concerning the order received.

4 – ORDER CONFIRMATION

Any order appearing on the website of TOA TAHITIAN SURFSCREEN implies acceptance of these General Conditions. Any order confirmation implies your full and entire adhesion to the present General Terms and Conditions of Sale, without exception or reserve.

All the data provided and the recorded confirmation will serve as proof of the transaction.

You declare to have perfect knowledge of it.

The confirmation of order will be worth signature and acceptance of the operations carried out.

5 – PAYEMENT

The fact of validating your order implies for you the obligation to pay the price indicated.

The payment of your purchases is made online by credit card through a secure payment system. Or by bank transfer (dispatch at the time of receipt of funds).

The card is only debited when the order is shipped. In the case of split deliveries, only the products shipped are debited.

6 – WITHDRAWAL

In accordance with the provisions of article L.121-21 of the Consumer Code, you have a withdrawal period of 14 days from receipt of your products to exercise your right of withdrawal without having to justify your reasons or pay a penalty.

Returns must be made in their original condition and complete (packaging, accessories, instructions). In this context, your responsibility is engaged. Any damage suffered by the product on this occasion may be such as to defeat the right of withdrawal.

The return costs are at your expense.

In case of exercise of the right of withdrawal, the company TOA TAHITIAN SURFSCREEN will reimburse the sums paid, within 14 days following the notification of your request and via the same means of payment as that used for the order.

EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

In accordance with the provisions of article L.121-21-8 of the Consumer Code, the right of withdrawal does not apply to :

  • The supply of services fully executed before the end of the withdrawal period and whose execution has begun after prior express agreement of the consumer and express renunciation of his right of withdrawal.
  • The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period.
  • The supply of goods made to the consumer’s specifications or clearly personalized.
  • The supply of goods likely to deteriorate or expire rapidly.
  • The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.
  • The supply of goods which, after having been delivered and by their nature, are inseparably mixed with other items ;
  • The supply of alcoholic beverages whose delivery is deferred for more than thirty days and whose value agreed at the conclusion of the contract depends on market fluctuations beyond the control of the trader.
  • The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery.
  • The supply of a newspaper, periodical or magazine, except for subscription contracts for such publications.
  • Transactions concluded at a public auction.
  • The supply of digital content not provided on a material support, the execution of which has begun after prior express agreement of the consumer and express renunciation of his right of withdrawal.

7- AVAILABILITY

Our products are offered as long as they are visible on the site TOA TAHITIAN SURFSCREEN and within the limits of available stocks. For products not in stock, our offers are valid subject to availability from our suppliers.
In case of unavailability of product after placing your order, we will inform you by mail. Your order will be automatically cancelled and no bank debit will be made.

8 – SHIPPING

The products are delivered to the delivery address indicated during the ordering process, within the period indicated on the order validation page.

In the event of a delay in shipment, an email will be sent to you to inform you of a possible consequence on the delivery time that has been indicated to you.

In accordance with the legal provisions, in the event of delay of delivery, you benefit from the possibility of cancelling the order under the conditions and modalities defined in the article L 138-2 of the Code of Consumption. If in the meantime you receive the product, we will proceed to its refund and the shipping costs under the conditions of article L 138-3 of the Consumer Code.

In case of deliveries by a carrier, the company TOA TAHITIAN SURFSCREEN cannot be held responsible for late delivery due exclusively to an unavailability of the customer after several proposals for appointments.

9 – WARRANTY

All our products benefit from the legal guarantee of conformity and the guarantee of hidden defects, provided by articles 1641 and following of the Civil Code. In case of non-conformity of a product sold, it may be returned, exchanged or refunded.

All claims, requests for exchange or refund must be made by mail or post within 30 days of delivery.

The products must be returned to us in the state in which you received them with all the elements (accessories, packaging, instructions …). The shipping costs will be refunded to you on the basis of the invoiced price and the return costs will be refunded to you on presentation of the receipts.

The provisions of this Article do not prevent you from benefiting from the right of withdrawal provided for in Article 6.

10 – RESPONSABILITY

The products offered are in conformity with the French legislation in force. The responsibility of the company TOA TAHITIAN SURFSCREEN could not be engaged in case of non-compliance with the legislation of the country where the product is delivered. It is your responsibility to check with local authorities the possibilities of importing or using the products or services you plan to order.

In addition, the company TOA TAHITIAN SURFSCREEN can not be held liable for damages resulting from improper use of the product purchased.

Finally, TOA TAHITIAN SURFSCREEN cannot be held liable for any inconvenience or damage inherent to the use of the Internet network, in particular a break in service, an external intrusion or the presence of computer viruses.

11 – APPLICABLE LAW IN CASE OF DISPUTES

The language of this contract is the French language. The present conditions of sale are subjected to the Polynesian law. In the event of litigation, the Polynesian courts (PAPEETE) will be the only qualified ones.

12 –INTELLECTUAL PROPERTY

All elements of the TOA TAHITIAN SURFSCREEN site are and remain the exclusive intellectual property of the TOA TAHITIAN SURFSCREEN company. No one is authorized to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, elements of the site whether software, visual or sound. Any single link or hypertext link is strictly prohibited without the express written consent of the company TOA TAHITIAN SURFSCREEN.

13 – PERSONNAL DATA

The company TOA TAHITIAN SURFSCREEN reserves the right to collect nominative information and personal data about you. They are necessary for the management of your order, as well as for the improvement of the services and information that we send you.

They may also be transmitted to the companies that contribute to these relationships, such as those responsible for the execution of services and orders for their management, execution, processing and payment.

This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations.

In accordance with the law of January 6, 1978, you have the right to access, rectify and oppose any nominative information and personal data concerning you, directly on the website.

Article 14 – ARCHIVING OF PROOF

The company TOA TAHITIAN SURFSCREEN will archive purchase orders and invoices on a reliable and durable medium constituting a true copy in accordance with the provisions of Article 1348 of the Civil Code.

13/01/2021

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